My question involves collection proceedings in the State of: Florida
Hello,
I was sued 3 years ago and never served. The docket shows that the notice was returned as unserved.
3 years later, I find that it has come back to life with the court issuing an alias summons and a new court date set. Is this legal? I thought that they had 120 days to serve me?
TO further mess things up, I no longer live in that county, but do work there. I live in a nearby county...
The debt is now 4 years old (Credit card) since the last missed payment. I am thinking one of the following options:
1) File motion to dismiss for failure to prosecute
2) File motion to dismiss for wrong jurisdiction
3) Raise SOL and argue that CC SOL is 4 years and not 5 like a standard written contract
Here is a snag...I am CLOSING on a house a week before my court date. I cannot do ANYTHING that would show up on my credit report before I close.
#3 is risky if a judge decides its a 5 year SOL as I can't have a judgement against me with a new mortgage and a job that doesn't allow judgements.
I have contacted a few debt lawyers in my town and am waiting to hear back. What would everyone here advise that I do?
Thank you!
-Matt

