Legal Question in Credit and Debt Law in Florida

Failure to Subpoena Co-Defendent

I co-signed an apartment lease for my daughter, who moved out two months early, due to exacerbation of a previous disability. Case is going to small claims court and I was served a subpoena, my daughter was not, yet we are both named as defendents. What is the plaintiff's responsibility and position since they failed to subpoena both defendents?


Asked on 12/10/01, 7:48 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Failure to Subpoena Co-Defendent

Normally when you sign a lease as a guarantor or co-signor they can sue either person. You will therefore have to defend the lawsuit. You should talk to an attorney asap to help with your case. Anthony Comparetto, Esq., 727-328-7900 www.helpwithlaw.com

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Answered on 12/10/01, 9:14 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Failure to Subpoena Co-Defendent

Serving both defendants is not required. I urge you not to default. You should retain competent counsel to represent yopur interests

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Answered on 12/11/01, 2:08 pm


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