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  1. #1

    Default Florida Summons Not Served Over 120 Days

    My question involves collection proceedings in the State of: Florida

    I was fooling around online, checking the court records in my county. I see that a civil suit was filed against me by a major credit card issuer that I defaulted on 2 years ago after I became totally disabled. I don't work and have been home every day and nobody has come to my door with a summons, even though it was issued over 5 months ago. I read that in Florida they only have 120 days to deliver the summons.
    Please tell me what happens next, what to expect, and what they can do if they do eventually win a judgment against me. The debt is in my name only, my assets are in my wife and my name and my only income is civil service disability, NOT social security, which I am not eligible for as a former Federal civil servant.
    Thanks very much...

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Florida Summons Not Served Over 120 Days

    Have you moved recently and didn't leave a forwarding address with USPS? The statute of limitation in Florida is five years for written agreements so if you moved and they have not been able to locate you, they may be actively looking.

    Even if they filed and have not delivered, that does not prevent them from filing again and attempting to deliver; they have 5 years to do so.

  3. #3

    Default Re: Florida Summons Not Served Over 120 Days

    No, I was born in this city and have lived in this house for 31 years.

    How long does it normally take for the court to issue a new summons? What if they still serve me with the original 5 month old summons?

    I'm getting old and have virtually always attempted to avoid being a deadbeat, but my income was reduced by 80 percent when I retired early on disability. I was a letter carrier and broke my back in an off the job injury, so I have the low paying civil service disability payments not workmens comp which pays a lot more. On top of that, my wife quit her well paying job to care for me, since I am in constant pain and my mobility is greatly impared.

    Lawyers around here charge an average of $300 per hour plus for their time, so I am trying to get some ideas of where I stand before consulting one.

  4. #4

    Default Re: Florida Summons Not Served Over 120 Days

    who filed the complaint most debt collectors are not even legal !
    Not all but check that out you may have some one that is not entitled to any thing trying to sue you ! They have all kinds of illegal tactics do not give them any information til they have proven they are legal and they have proof of contracts and make sure they provide some thing that you have signed !

    check out the name of the plaintiff ! But when you are served do not ignore or they could win by default !

    Check out the ls in your state there should be websites that you can read up on !

    Record all calls if they leave messages on answering machice watch for threats , they are not allowed to threaten you or use profanity or obscene languages keep all letters you may recieve maybe you can get enough info to file your own suit against them ! This is happening alot!

  5. #5
    Join Date
    Nov 2007
    Posts
    127

    Default Re: Florida Summons Not Served Over 120 Days

    when i lived in florida, i was served within 30 days, also check with legal aid in your area, they were great and had my case dismissed. even if you dont qualify they will answer a lot of your questions. the lawyer i had was giving advice to anyone in the courtroom. as other poster said, many jdb.s arent even legal to sue in florida. they use rent a lawyer.

  6. #6

    Default Re: Florida Summons Not Served Over 120 Days

    Hello my friends,

    Well, I checked and this law firm that is suing me does seem quite reputable and is a registered representative of this credit card company, whatever that means.
    I was under the apparently erroneous impressiong that the court or judge assigned the process server. On doing some research today, it appears as if, here in Florida at least, the plaintiff hires the process server himself.

    Since months have gone by with no real serious attempt has been made to deliver this to me, is there a chance that the plaintiff might be intentionally delaying serving me, knowing that I have nothing he could take if he wins a formal judgment, hoping to intimidate me into paying at least a portion of the total $35,000 debt??

    Thanks again.

  7. #7
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Florida Summons Not Served Over 120 Days

    Quote Quoting Sammywashington
    View Post
    Well, I checked and this law firm that is suing me does seem quite reputable and is a registered representative of this credit card company, whatever that means.
    The law firm has been retained by the CC company, they pay for their services.

    I was under the apparently erroneous impressiong that the court or judge assigned the process server. On doing some research today, it appears as if, here in Florida at least, the plaintiff hires the process server himself.
    In all civil cases, the plaintiff hires his/her own process server.

    Since months have gone by with no real serious attempt has been made to deliver this to me, is there a chance that the plaintiff might be intentionally delaying serving me, knowing that I have nothing he could take if he wins a formal judgment, hoping to intimidate me into paying at least a portion of the total $35,000 debt??
    Possibly, but doubtful. If they win their judgement suit, then may be able to garnish wages and bank account (present and future), place leins on your property, and appropriate your income tax returns. Honestly, they have nothing to lose.

  8. #8

    Default Re: Florida Summons Not Served Over 120 Days

    Possibly, but doubtful. If they win their judgement suit, then may be able to garnish wages and bank account (present and future), place leins on your property, and appropriate your income tax returns. Honestly, they have nothing to lose.[/QUOTE]


    Thanks again. In my case there are no wages to garnish. My only income is from disability pensions and I pay no income tax and don't have to file returns if I don't want to. The debt is in my name only. My house is not only my homestead, free from attachment or lien her in Florida except for mechanics liens, but is in both my and my wife's name.

    I'm actually surprised that they filed this as they have much more to gain by attempting a settlement than they could ever gain by getting a judgment. I do appreciate all advice very sincerely.

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