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Being sued - have not been served yet


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Who is suing you - Capital One

How much - Unknown, court website says under $2000

OC - Cap1

How do you know - Searched my name on the county's case website regarding an old traffic ticket, and this showed up.

Were you served? No, not yet.

Correspondence with creditor - None for the last few years, at least.

Where do you live - Illinois

Last paid account - Early-mid 2005, I think?

Status of the case - Pending first status date

I'm not too concerned about the suit itself - my main concern is that the status date for the case is scheduled for the first week in August. I'm getting married out of state that week and won't be in town for about two weeks, and to be honest, having to cancel those plans would cost at least five times what they're apparently suing me for.

Anyway, my question is this: Can i file a motion requesting a continuance without being served papers? Can I look at the documents they've filed for the case at the county clerk's office? I'd obviously need to know which law firm is handling the case so I can send the notice of motion/request for continuance and without service I can't exactly do that. I'd like to start the motion process as soon as possible, since I don't have much time before I leave for the wedding.

What happens if the judge denies the motion? Would I need to hire someone to represent me at the hearing? I'm prepared to file an answer as soon as I have the summons and complaint - would that be sufficient if I can't get the date changed? If they don't serve me before I leave (and nobody will be here from then until I get back) can they still pursue the case on that status date?

Thanks for your help!

Edited by cupchan
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In my state the lawyer ask for a continuance says he would be out of town no other reason was given and it was granted. My opinion and thats all it is, is that you go on with your plans if for any reason prior to your trip you are serve and the court date conflict you would then file a motion for a continuance stating your reason maybe a copy of plane tickets or reservation to show this was plan before you were awhere of a court date, something like that. Be Blessed! S.A.

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Is the status date on the court site for "Return on Summons" or something similar?

In Colorado, that's just the date you must have filed your answer by (or appear in court on that date to file your answer). If you have filed your answer by that date it is not necessary to appear.

I'm not sure how it would work in Florida, but in Colorado, you would also be afforded 30 days from the date of being served to file your answer. Since you are well within the 30 day window, I would suspect it is fine to continue your wedding and honeymoon plans unabated, but as they say, you mileage may vary.

There are some very knowledgeable people around here that are familiar with Florida Law that will be able to give you more specifics.

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Thanks for the advice, but I'd need help with Illinois law, not Florida. I tried calling the court clerk today, and they were less than helpful. I'm not comfortable waiting around to be served, but I'd be surprised if they even have a chance to serve me (I keep non-traditional hours, and nobody is home most of the day.)

They cannot move for a default if I haven't been served by the return date, correct? (And by 'cannot' I mean 'I would have an open and shut case to have the judgment vacated, if one occurs anyway, and restart everything from square one.)

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I'm not comfortable waiting around to be served, but I'd be surprised if they even have a chance to serve me (I keep non-traditional hours, and nobody is home most of the day.)

They cannot move for a default if I haven't been served by the return date, correct? (And by 'cannot' I mean 'I would have an open and shut case to have the judgment vacated, if one occurs anyway, and restart everything from square one.)

They need to serve you before anything else can happen. You really need to just relax and be patient. You're borrowing trouble before it happens. You are fortunate that you found out about this the way you did; now you can make sure they don't pull a fast one. Just watch to make sure they don't file a fake Proof of Service.

If they manage to get a default judgment (and that takes time) you should be able to get it vacated for not being properly served. But you can probably prevent a default judgment from happening by keeping an eye on that paperwork.

I don't know about Illlinois, but in California the first hearing is so the judge can determine if the defendant has been served, and to learn the reason why if he/she hasn't.

Again, just be patient. These things move at their own natural, slow, pace, and they can't be rushed.

Good luck,

DH

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