Legal Question in Credit and Debt Law in Florida

judgement

can a ceditor get a judgement against someone without being served? I was threatened with a law suit for an old debt, almost 20 years old, I moved to another state, do they have to serve me to be able to sue me? thanks.


Asked on 7/08/07, 6:30 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: judgement

1. yes, you would have to be served with legal papers to start a lawsuit.

2. The time in which to validly do so has long expired.

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Answered on 7/08/07, 7:00 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: judgment

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.

Yes, you would have to be served with a copy of the complaint against you. In some matters service can be had by publication.

It is very possible that this matter has passed the statute of limitations. If you are served, you should consult an attorney to discuss your legal rights and obligations.

Scott R. Jay, esq.

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Answered on 7/09/07, 12:15 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: judgement

No. Note, there are methods of effective service which in fact do not require you to reeive the papers..such as service by publication.

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Answered on 7/10/07, 1:20 pm


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