Legal Question in Credit and Debt Law in Florida

I live in FL. Someone has been trying to serve me with a summons. You have to be "buzzed" into our building and my 89 yr old mother know enough to not let anyone in unless we know them. She told me that someone has called twice announcing themselves a process server. On the most recent call they told her I have to be in court on May 3rd (next week) but I still have not been served yet.

I looked up the public court records online and found that Capital One has a JDB Attorney trying to collect on a 4 year old debt.

What is the best way to proceed at this point? I plan on going to court in the event the plaintiff attorneys will show up despite the fact I have received a summons and get a default judgement.

Should I send the attorney a letter asking them to validate the debt? IDK?!?!?!? The small claims court pre-trial hearing is in 3 days. What are my rights


Asked on 4/29/12, 11:44 pm

4 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

If you have not been served, you can delay the appearance in court. If you want to

dispose of the matter, attend the pre-trial hearing, which will give you an opportunity

to settle the debt. If the terms are not acceptable to you, plan for the later trial

with documents, witnesses, and arguments. If you are now employed or have

assets subject to garnishment, you should settle it to avoid these problems.

The creditor may be taking action because of the the statute of limitations on

such debt in Florida. It is a small claims court action in which you can

represent yourself to negotiate through a mediator to settle the claim.

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Answered on 4/30/12, 6:04 am
Angelo Marino Angelo Marino Jr. PA

I suggest you contact a consumer lawyer in your area. Most if not all of these case can be won and most if not all the attorney's fees are paid by the credit card company or collection company.. See www.ConsumerLawyerHelp.com

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Answered on 4/30/12, 6:47 am
David Slater David P. Slater, Esq.

Until you are served with process, the court has no jurisdiction over you. Once served, you may have defenses to the lawsuit. Do not default.

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Answered on 4/30/12, 7:30 am
Lucreita Becude Lucreita D. Becude, P.A.

Go to the hearing because more than likely they will have served you by publication in the paper. When they call your name, go up and tell the judge that you have appeared due to what you stated above but that you HAD not be served. Secondly, that this is NOT your debt. He will properly dismiss the action until proper service or he may ask you to speak with these people in mediation. Mediation is a private affair. No matter what is said in mediation it can NOT be used and/or repeated in an actual court hearing in case you want this to go to trial.

YOu may not owe the debt and in fact if you do, you can make a stipulation which will be prepared there at the court and you and they will sign as to making payments. You can get it reduced on the interest, etc.

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Answered on 4/30/12, 9:39 am


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