Default After Service on a Spouse

[AnthonyM]

My question involves collection proceedings in the State of: Florida

Three questions:

1. Can a process that is supposed to be served to me, be served to my spouse instead, while I am on a trip and out of state temporarily?

2. If the process was returned as served (even though it wasn't, say corrupted process server claim it did serve me) and default judgment is awarded to the plaintiff, I understand there is 30 days to appeal that. But, what if I was not aware of the lawsuit and consequent judgment until one year later (and judgment was awarded on the basis on me not showing up to the court since I was not aware of it, was never served with it, even though they claim I was). Can I still appeal that judgment or file a motion to vacate it or overturn it a year later on the basis of fraudulent serve and/or other claims on the behalf of plaintiff?

3. When it comes to Statue of Limitation, does it matter when they file the lawsuit, or when I was served? Say they file a suit in December, and my SOL expires in January. And say, I wasn't served with the process until January. Technically, can I use SOL defense on the basis that I was served with process after SOL expired, even though they file the action a month prior to the SOL expiry?

THANKS guys, much appreciated!

[Mr. Knowitall]

1. Typically service can be made upon an adult member of your household. Is there some reason your spouse wouldn't tell you about a lawsuit?

2. Are they claiming they served you or your spouse? Whatever they said, why weren't you aware of the lawsuit if they served your spouse?

3. The critical date is when the lawsuit was filed. After that, depending upon state law, they may have to establish that they were actively trying to serve you in order to avoid the statute of limitations, or they may be in the clear until the summons expires.

[AnthonyM]

1. Typically service can be made upon an adult member of your household. Is there some reason your spouse wouldn't tell you about a lawsuit?

No, she would tell me. I was just inquiring about the technicality of such service.

2. Are they claiming they served you or your spouse? Whatever they said, why weren't you aware of the lawsuit if they served your spouse?

They did not serve anyone yet. But I don't trust these people. They can just claim they did. In a scenario where it is their word vs. mine they always have an upper hand.