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When it rains it pours, please help with CA/court question...


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Guest Jaxzgirl

I'm really new to the being sued thing too, but from every thing that I've read...If you don't show up at court, then they will win a default judgement.

Good luck. I've got court on the 8th too...different state. I never received any letters ahead of time though they say that I did.

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Just reading here on this site that while the plaintiff may win a judgement, I can file a motion to vacate or void the judgement. All is not lost, I am determined to not let this get away from me. If you are not served properly, that in itself is a tool you can use in filing a motion to vacate. I have not lived in Florida for 8 months now, and they filed the suit in November, yet the court document says I was served...anyone, correct me if I am wrong?

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You probably would get a better qualified response if you posted in the legal forum. I started to reply but retracted, basically you are supposed to be sued in your jurisdition, but as I recall FDCPA makes refference to where you sighned papers as another option (I believe). I would think though in most cases you could simply file a motion that court lacks personal jurisdiction and have it dismissed. Again try the other forum for a more qualified response. Good Luck.

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Call the Clerks office on Monday. Tell her/him your situation and ask if you can get transferred to the judge's assistant. Explain that you live in New Jersey, not Florida, that you were never served and you only learned about the lawsuit from the postcard you received. Ask if you can appear by phone for the hearing because you want to have it dismissed for improper service and lack of jurisdiction.

Filing any papers could subject you to jurisdiction, so make the phone calls first. If someone instructs you to file something, then go ahead and do it, but not before.

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  • 3 weeks later...

update! Thanks to those that offered advice. I sent letter to the judge stating my case that I was no longer a resident of Florida, but NJ, along with proof of my residency in the form of my lease agreement and utility bills..

Apparently the original court date was a 'notice to appear', and not an actual hearing.

I checked the docket with the online court webpage today, and see that they DID change the original summons from served to not served, which is accurate. They also noted that my letter was received and read by judge.

HOWEVER< I now see a hearing date set for 1/27. I have received no notice for this hearing from the court,only what I have followed on the website docket for my case. What should be my response? I am hoping the hearing is to dismiss the case, or even tell the CA they need to sue me in NJ, but I do not want to let this fall through the cracks and get a default judgement against me.. Should I make the effort to travel to Florida and appear and defend my position? Or will appearing make me fall under the jurisdiction of the court? I do have the phone number of the judges assistant, should I call on Monday and ask what is expected from me??

ergh!

Thanks!:)

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I do have the phone number of the judges assistant, should I call on Monday and ask what is expected from me??

It sure wouldn't hurt.

Regarding the hearing, it may be another attempt at a pre-trial conference (or whatever they call that in your state). If you still haven't been served, it might get continued for service or if no one shows, it might get dismissed.

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ok, an update to this thread. I just received a letter today that a hearing on my 'motion to quash' is scheduled for Jan 27. It says I can appear by phone, which is good as I am in NJ!

Seeing that I was a resident of NJ when the the summons was supposedly 'served' , the summons delivery has been changed on the court docket to NOT SERVED.

What should be the approach in my phone appearance? Do I just restate my case by refering to the documentation of proof of NJ residency that the judge has received?

And also plead no knowledge of the debt?

Thanks !:)++:)

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