Legal Question in Credit and Debt Law in Florida
Being Sued For Old Credit Card Debt
I have learned through internet means that I recently had an alias summons issed on me for a debt that meets dismissal under SOL.
#1 - How do you answer a summons or complaint when you never recievd it? (I don't want it to go to an automatic judgement)
# 2 - Assuming I get a copy of the complaint - Would a standard Motion for Dismissal solve this?
# 3 - I have no contact info for the filing Attorney - should I go through the CC Company and try to get this resolved?
I guess I need help with ''how to approach this''
1 Answer from Attorneys
Re: Being Sued For Old Credit Card Debt
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If you are aware of the pending summons, you can file a response even if you have not been served. By doing so, you will probably have been considered by the Court to have received notice and waived any defense of improper service.
Scott R. Jay, Esq.