Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2017
    Posts
    2

    Default Court Case Docket Says Summons Served but Attached Document Says Summons Not Served

    My question involves court procedures for the state of: FL

    I was never served a summons for a pretrial conference. When I looked online at the Case Docket it says Summons Served. However when I look at the attached document there it is an official affidavit of NON Service from the process server stating they did not serve me. I am worried about a judgement if they see Summons Served and just assume I was served. What will most likely happen? I missed the court date. I was never served nor was anyone else.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,004

    Default Re: Court Case Docket Says Summons Served but Attached Document Says Summons Non Serv

    Options:

    1 - Ignore it and risk a default judgment.

    2 - Call the plaintiff (or his attorney if he has one) and arrange to accept service.

    3 - File something with the court bringing the error to the court's attention, send copy to plaintiff.

    Bottom line, you know you are being sued. If you have any defense at all, you'll need to preserve your right to raise it. If you have no defense, might as well just let it go to default because they'll eventually get a judgment anyway.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,019

    Default Re: Court Case Docket Says Summons Served but Attached Document Says Summons Non Serv

    Something is amiss here. You don’t get served a summons for a pre-trial conference. You get served the summons and complaint to start the lawsuit. A pre-trial conference is only scheduled after the summons and complaint is filed and the defendant has answered. Before that has been done there is no point to the court scheduling a pre-trial conference. So give us some more background here. Was the summons and complaint for the lawsuit served? If so, did you answer the complaint? If you were not served the summons and complaint, did you file an answer to the lawsuit anyway? If so, how did the lawsuit come to your attention? Once the answer has been filed and the litigation started, a pre-trial conference may be scheduled by the court. The court would simply provide notice of the pre-trial conference to the parties; there is no need to serve a summons for that.

  4. #4
    Join Date
    Aug 2017
    Posts
    2

    Default Re: Court Case Docket Says Summons Served but Attached Document Says Summons Non Serv

    Quote Quoting adjusterjack
    View Post
    Options:

    1 - Ignore it and risk a default judgment.

    2 - Call the plaintiff (or his attorney if he has one) and arrange to accept service.

    3 - File something with the court bringing the error to the court's attention, send copy to plaintiff.

    Bottom line, you know you are being sued. If you have any defense at all, you'll need to preserve your right to raise it. If you have no defense, might as well just let it go to default because they'll eventually get a judgment anyway.
    Would they be able to get a judgement even though I was technically NOT served, and the paperwork clearly states that? Would they just see the mistake and not bother to look at the paperwork?

    Forgive my ignorance, perhaps I'm not using the right terminology. I saw the summons was issued on the clerk of court website. I also saw that they had attempted to serve me a few times but were unable to. There was a court date scheduled. I missed it. The process server filed a paper stating they were unable to serve me, yet on the case docket listing on the website it says summons served. If I click the attached image (where it says "Summons Served") it is the process servers paper that clearly states summons NON served. Seems like a mistake, but I do not know about how it works.

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: Alias Summons Served Three Years After a Case Was Filed
    By mattrg02 in forum Debts and Collections
    Replies: 7
    Last Post: 02-13-2016, 03:26 PM
  2. Service of Process: Served With a Summons but the Case is Not on the Docket
    By CTGamer in forum Civil Procedure
    Replies: 3
    Last Post: 02-09-2014, 01:43 PM
  3. Eviction Process: What to Do If You're Served With a Summons for an Eviction Case
    By rlamb1977209 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-22-2013, 02:34 PM
  4. Served Summons In Michigan For Case In Illinois
    By cgravell in forum Civil Procedure
    Replies: 2
    Last Post: 05-18-2008, 09:02 AM
  5. Debt Collectors: Civil Summons Served For A Kentucky Collections Case
    By inthegallows in forum Debts and Collections
    Replies: 5
    Last Post: 08-06-2007, 05:01 AM
 
 
Sponsored Links

Legal Help, Information and Resources