Named In A Lawsuit, But Not Properly Served

[rickj]

I'm in Ohio.

A Florida company has named a list of people, including me, in a lawsuit.

Last week an "Amended Complaint" was dropped off to my house...handed to my son (copy here: http://www.jackson8.com/twu1.pdf ).

1. I've never seen the original complaint.
and
2. On the last page under "Certificate of Service" I am not named at all (copy here: http://www.jackson8.com/twu50.pdf ).

So it seems they're naming me as defendant but making no effort to "serve" me. Is this just a scare tactic?

Thank you for any opinions you might offer.

Rick.

[Mr. Knowitall]

You are a named defendant and were served, apparently with a prior summons and complaint and now with an amended complaint. An error in the certificate of service for the amended complaint doesn't make the lawsuit go away, and they can correct it by filing an additional certificate of service confirming that they sued you.

If you have insurance which might cover the lawsuit, contact your insurance company and try to get them to defend you.

[rickj]

Thanks Mr. K. I never thought about the insurance angle...I'll ask them.

I'm still concerned, though, that they did not even attempt to get the original complaint to me. Being named as defendant, do you think I could simply call the court and let them know that I do not have it? Would the plaintiff then be required to "serve" it to me?

I don't yet see my absence on the certificate of service as an error. Knowing the plaintiff's tactics and the many attorneys that they have involved, I'm fairly positive that they did it on purpose.

[aaron]

This sounds quite strange. It may be that they are using case management software and have failed to properly enter you as a defendant, or that they are making some sort of repeated clerical error in handling their paperwork, but reasonably speaking they should have served you.

I agree with trying to get your insurance company to step in and defend. Sometimes even if a lawsuit isn't covered by insurance they will take care of an initial answer while they make the coverage determination, preventing default.

[rickj]

I see now it's no scare tactic.

I found this case online. It's in Circuit Civil Court Tampa FL:
http://207.156.115.81/oridev/crimina...L&pcLocnCL=ALL

Clearly I need an atty. Do you think I should look for one here in Cols, OH or one in Tampa, FL where the suit is?

...or do you think there's a chance of a case of getting it thrown out of FL since I live in Cols, OH?

[seniorjudge]

If I were you, I'd look for a lawyer across the street from the courthouse where the lawsuit is.

[rickj]

Thanks seniorjudge. My thought was that the benefit would be that an atty there would 1. be more familiar with FL law and 2. not cost me an arm and a leg to fly him there for hearings, trial, etc.

...are those the same reasons you recommend getting an atty there rather than here?

PS...my insurance company adjuster is looking at this to confirm if it's covered in my h/o liability policy...so just continuing with info gathering until I hear from them...

[lwpat]

I would be careful about contacting the court or replying to the complaint. The court has to get jurisdiction over you and that may be a problem as long as you do not plan on returning to Florida.

[rickj]

I've never been to FL.
My Insurance company tells me I'm covered for most of the claims against me so they'll be covering my defense. Hopefully they can get it thrown out because it is so ridiculous.