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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Was I Legally Served

    My question involves collection proceedings in the State of: Florida

    Credit card company's attorney left a summons (not in envelope) at UPS store where I have a box. No certified letter or anything else.

    Was I served?

    Should I answer?

    Thanks.

  2. #2

    Default Re: Was I Legally Served

    if you dont answer they will get a default judgement against you.so not taking care of it ,wont make it go away.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Was I Legally Served

    Was that your "official" address for the account?

  4. #4
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Was I Legally Served

    Yes, it was my "official" address for statements, but I thought FL law required service at your legal residence (or by publication).

    This was simply dropped off at the UPS store. No envelope, no acompanying certified mail. I don't check the box every day. The summons gives 20 days for answer, and I had already lost 5 days by the time I received the summons.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Was I Legally Served

    You must answer and object to the service and raise any other affirmative defenses. I have not heard of a notice being dropped off at the UPS Store to ever be adequate service.

    If the court rules it is adequate service, the case will continue.

    The last thing you want is to have them get a default judgment for whatever amount of money they are claiming.

    Make them prove it.

    PS: A summons and complaint must be served by a disinterested THIRD PARTY, meaning a licensed process server or the Sheriff. Neither a party nor an attorney for that party can effect lawful service. The attorney is probably not a licensed process server either. Object on that basis too.

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