hitzo21 Posted November 24, 2009 Report Share Posted November 24, 2009 Hello! I really need some help today. I am being sued in the state of Florida for credit card debt, however I live in Tennessee. I only know this because they tried to deliver a summons to my moms house and she told me. I really have no idea what to do. Can they still sue me if I have not been served? What should my next steps be? Thank you in advance! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted November 24, 2009 Report Share Posted November 24, 2009 was the summons left with your mother? because that can be considered good service. I would do everything in your power to let them know you live in Tennessee and have them either serve you in Tenn or file a new action in Tenn. Link to comment Share on other sites More sharing options...
hitzo21 Posted November 24, 2009 Author Report Share Posted November 24, 2009 No, the summons was not left with my mother. The sheriff said he would have it returned. I don't even know who to contact because I have no paperwork or anything. Would I contact the county clerk's office? And can they sue me if I haven't even been served?? Link to comment Share on other sites More sharing options...
admin Posted November 24, 2009 Report Share Posted November 24, 2009 Contact the court and ask for the status. If it is an active case - file for motion to dismiss based on improper venue. You may be able to file via registered mail. Link to comment Share on other sites More sharing options...
debtorshusband Posted November 24, 2009 Report Share Posted November 24, 2009 (edited) And can they sue me if I haven't even been served??You have asked this question twice, so let me clear up a misconception. Or maybe it's just terminology.But the point is, you are already being sued. That means the plaintiff has filled out a complaint and filed it with the court. The second step is to serve you, the defendant, with the complaint, so that you are properly informed that you are being sued.After you are served, it will be your responsibility to file an Answer. If you do not, the plaintiff will request, and probably granted, a judgment by default. In other words, if you don't Answer, you forfeit.Besides that, you have already received good advice: check with the court clerk, get the case dismissed for improper venue.Unless they falsely claim to have served you, what should happen is the judge orders the case dismissed because they have been unable to serve you.Regards,DH Edited November 24, 2009 by debtorshusband Link to comment Share on other sites More sharing options...
hitzo21 Posted November 24, 2009 Author Report Share Posted November 24, 2009 You have asked this question twice, so let me clear up a misconception. Or maybe it's just terminology.But the point is, you are already being sued. That means the plaintiff has filled out a complaint and filed it with the court. The second step is to serve you, the defendant, with the complaint, so that you are properly informed that you are being sued.After you are served, it will be your responsibility to file an Answer. If you do not, the plaintiff will request, and probably granted, a judgment by default. In other words, if you don't Answer, you forfeit.Besides that, you have already received good advice: check with the court clerk, get the case dismissed for improper venue.Unless they falsely claim to have served you, what should happen is the judge orders the case dismissed because they have been unable to serve you.Regards,DHOk, I guess I misunderstood. Thank you for clearing things up. Thanks everyone else also! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted November 25, 2009 Report Share Posted November 25, 2009 If it is an active case - file for motion to dismiss based on improper venue. You may be able to file via registered mail.Besides that, you have already received good advice: check with the court clerk, get the case dismissed for improper venue.I'm sure you both are way more knowledgeable then I am - but the two of you do realize just because the defendant lives in Tennessee does not automatically make the Florida court an improper venue right? Link to comment Share on other sites More sharing options...
debtorshusband Posted November 25, 2009 Report Share Posted November 25, 2009 I'm sure you both are way more knowledgeable then I am - but the two of you do realize just because the defendant lives in Tennessee does not automatically make the Florida court an improper venue right?Perhaps I spoke hastily. I guess I've fallen into the habit of thinking that you had to be sued where you lived. But as you are alluding to, the FDCPA says:Sec. 1692i. Legal actions by debt collectors(a) Venue Any debt collector who brings any legal action on a debt against any consumer shall-- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity-- (A) in which such consumer signed the contract sued upon; or ( in which such consumer resides at the commencement of the action.So, as per (2), the suit must be filed were the consumer signed the contract or where the consumer lives. While I guess it's not automatic, I would like to believe that if a consumer argued that suing in another state would be unfair in that they could not properly defend themselves, the judge would agree and grant a dismissal.Also, it seems that the plaintiff would have to prove that a contract was signed, and that is was signed in said other state, in order to sue per (2A). This might be impossible in most debt collection cases.Regards,DH Link to comment Share on other sites More sharing options...
admin Posted November 25, 2009 Report Share Posted November 25, 2009 You typically do have to sue where the defendant lives, despite what the contract says. You can also file to dismiss based on hardship. I mean really - no court is going to insist someone fly across the country to appear in court. Link to comment Share on other sites More sharing options...
KentWA Posted November 25, 2009 Report Share Posted November 25, 2009 The only way a State Court has any ability to subject an out of state resident to it's jurisdiction is through their Long Arm Statute. For an individual it is pretty hard to do unless they maintain a residence, business or other significant interests in the state. Taking a vacation there or having family there is not going to be enough.This is a Constitutional issue under the 14th Amendment.WestLaw's Encyclopedia of American Law in part says: "the Supreme Court has set forth several criteria to be used in analyzing whether jurisdiction over a nonresident is proper. These criteria require (1) that the defendant has purposefully availed himself or herself of the benefits of the state so as to reasonably foresee being haled into court in that state; (2) that the forum state has sufficient interest in the dispute; and (3) that haling the defendant into court does not offend "notions of fair play and substantial justice." Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted November 25, 2009 Report Share Posted November 25, 2009 The only reason why I bring it up is because..I was sued in New Jersey while I was living in New York because I opened up a bank account in New Jersey (when I moved in with a roommate after college) 4 years prior and defaulted on a overdraft protection. When I asked an attorney in New York if I could be sued in NJ he said since I transacted business in the State of NJ the "subject matter jurisdiction" would be proper. Howoever, they did end up having problems serving me and the case eventually expired because they did not serve me in time according to statute I only found out because I called the OC one day looking to repay it. Link to comment Share on other sites More sharing options...
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