Laws Of Summons In Florida

[lawhelpnfl]

My question involves court procedures for the state of: FL

A summons server recently attempted to serve summons to me at my fathers address in which i do not live. It was my step brother who does not currently live there that happened to talk to the server.

Has this summons be served legally?

I do not live there and have proof of my residence in another county.

This case is in reference to a business broker deal in which i was operating under a DBA. The transaction went bad in which i myself lost the plantifs money as well as money of my own. This all happened over 2.5 years ago and i have been unable to recover lost funds.

The category for this case falls under: Contract and Indebtedness

Any input on this would be great!

[lwpat]

It will probably be simpler to answer and defend the suit rather that to have to fight a default judgment claiming you were never served. On the other hand, if you win the lack of service issue, the SOL may expire before they can file again. My suggestion is to consult with an local attorney.

[lawhelpnfl]

thank you for your quick reply.

As i mentioned in my earlier post, this was a business deal gone bad that has left me with little to no money at all to afford a defense. So I must use other avenues of obtaining a strategy on what to do.

I have spoken to my dad and he thinks that they will be sending letters or send some other type of service advising of court dates. He plans on refusing the letters/service noting that I no longer live there and haven't lived there in over 3 years.

If i do not respond to any summons will i be notified of court dates/pre trial?
If so doesn't the judge have to look at all the evidence showing if i was properly served or not before passing a judgment?

And if a judgment is placed on me what is the damage I can expect and how long do they last? I do not have any assets other then a vehicle that is nearing 10 years of age. Would they attempt to take my vehicle and can i just transfer the title into a friends name to avoid it?

Could you also explain SOL that you mention in your post above and what about a motion to quash?? I am new to all this and appreciate all your help!

[lawhelpnfl]

do any other members of this forum have an opinion or advise?

[seniorjudge]

do any other members of this forum have an opinion or advise?

I have advice.

Defend the suit.

You have been served.

[Betty3]

If i do not respond to any summons will i be notified of court dates/pre trial?

If you don't answer the summons, they will get a default judgment against you.

[lawhelpnfl]

even if i was to defend the suit i am sure i would loose, not to mention i do no have the funds to afford a defense.

what are the consequences of a default judgment?

[seniorjudge]

A default judgment will be a lien on all you own; they may last sometimes up to ten years.

[lawhelpnfl]

The only asset I have is a 10 year old vehicle, how will that be effected?

And is it possible to pay off the lien and have it erased from my records?

Is it possible to settle out of court and save money that way? What are the typical attorneys fee's associate with a case like this?

Thanks again for all your input, as i weigh all my options.