Legal Question in Credit and Debt Law in Florida
Someone came to my door a few days ago stating that they had a 20 day summons for me to sign. I wasn't home and my boyfriend refused to sign it. I checked the clerk of courts website and noticed that I was being sued by a former landlord, case type CA Damages Monetary. He is suing me, my old partner, and the corporation that I resigned from a few months back. I never received the summons. Now an additional 20 day "alias" summons has been issued to the corporation that I had resigned from. To date, no one has signed for any summons. Can I be sued personally? My partner and I were the only signers on the lease - not the corporation. I am no longer affiliated with that corporation or my partner. Our business closed and we moved out a few months ago (August 5th) - with notice to the landlord (no eviction was filed). I guess my questions are: 1) Can I be sued if I have not been served the summons? 2) If my old partner is served and I am not, can a default judgement be entered against me? 3) If the corporation is served, can a default judgement be entered against me if I am no longer an officer of that corporation? 4) How long do I have to worry about being served? 5) Can this effect my new business that is an LLC which I am the sole member? 6) What does alias summons mean?
Thank you for your help
1 Answer from Attorneys
An alia summons is one that is issued when the person was not served in time for the hearing. A new hearing will be set and an attempt to serve you again will be made. This is probably for a pretrial conference. You would need to appear and make your statements known to the Judge and a actual hearing will then be set if you are not dismissed from the action. If you signed the lease, then you may be liable. I suggest you contact an attorney and have him accept service for you so that you can file a proper answer.