Legal Question in Credit and Debt Law in Florida

Re: court appearance

Probably. It depends on what type of document you were sent. If it was a summons and complaint in Florida state court (not federal court), it may have been improperly served on you, since it should have been served by hand to you or someone living at your home.

Still, if it were me, I'd show up, even if it's an improperly-served summons and complaint. I hear horror stories all the time about people who have judgments against them when they claim they never knew about the lawsuit because they weren't properly served. At least you know about it.

Re: court appearance

It is very likely that you must appear. Many debt collection actions are brought in Small Claims court. Florida Small Claims Rule 7.080(b) provides that service of process in small claims cases can be properly served through U.S. Mail.

Check the Complaint (Statement of Claim). The first allegation should state that this is an action for less than $5,000 exclusive of interest and costs. If this sentence is there, then you were properly served.

If you fail to appear, a judgment could be entered against you. This would be very bad indeed.

You can check the rules of procedure on our website under Tools at www.LaBellaLaw.com.