Served papers but no case??? Help

[Costa]

So I had a man call today that says this is the second attempt to serve papers and if I don't receive tomorrow between 9 and 5 then I will receive a failure to appear notice.

This didn't make much sense to me so I asked for a case # and he gave a number that doesn't correspond with any case numbers in my county in Florida.

After doing some digging I found out that nothing has been filed with the clerk of courts and this person is just trying to serve a file from the JDB. Has anyone heard of this before? Is it legal to be served something that hasn't been submitted to the clerk of courts?

I have been unable to find any other threads that were like so any information that you have would be helpful. Thanks

[Costa]

Does anyone have any insight into this? Any help would be appreciated.

[BV80]

Does anyone have any insight into this? Any help would be appreciated.

FL Rules of Civil Procedure state:

RULE 1.050. WHEN ACTION COMMENCED

Every action of a civil nature shall be deemed

commenced when the complaint or petition is filed

except that ancillary proceedings shall be deemed

commenced when the writ is issued or the pleading

setting forth the claim of the party initiating the

action is filed.

It appears the case doesn't actually begin until the Complaint is filed. Whether or not they can serve you before it's filed, it doesn't say. If it were me, I'd call the FL Dept. of Consumer Affairs. Ask to speak to someone in the legal department or the complaints department. Tell them what's going on. If they don't have an idea about what to do, they should be able to refer you to someone who does.

If the man's claim is bogus and if you have the name of the JDB, I'd file a complaint with consumer affairs.

There are people from FL on these boards, so hopefully they'll chime in.

Edited July 28, 2011 by BV80

[ADAM09]

So I had a man call today that says this is the second attempt to serve papers and if I don't receive tomorrow between 9 and 5 then I will receive a failure to appear notice.

This didn't make much sense to me so I asked for a case # and he gave a number that doesn't correspond with any case numbers in my county in Florida.

After doing some digging I found out that nothing has been filed with the clerk of courts and this person is just trying to serve a file from the JDB. Has anyone heard of this before? Is it legal to be served something that hasn't been submitted to the clerk of courts?

I have been unable to find any other threads that were like so any information that you have would be helpful. Thanks

Its probobly some type of stunt that JDB like to try to scare you into paying or calling them in a panic to say something that they can use against you.

JDB like to throw around words like judgement and other court terms. This could be a FDCPA violation.

[BV80]

Its probobly some type of stunt that JDB like to try to scare you into paying or calling them in a panic to say something that they can use against you.

JDB like to throw around words like judgement and other court terms. This could be a FDCPA violation.

If it is a stunt, it is a violation, but you have to have proof. Unless he recorded the call or receives a bogus summons and complaint, he has no proof.

Edited July 28, 2011 by BV80

[BV80]

Its probobly some type of stunt that JDB like to try to scare you into paying or calling them in a panic to say something that they can use against you.

JDB like to throw around words like judgement and other court terms. This could be a FDCPA violation.

oops...accident with the send button.

[ADAM09]

If it is a stunt, it is a violation, but you have to have proof. Unless he recorded the call or receives a bogus summons and complaint, he has no proof.

This is true. I remember when a JDB called my dad and said they needed to talk to me before they made some type of judgement. I called them and told them they committed an FDCPA violation and the guy just argued with me and tried his best to get me to admit I owe his JDB money. He hung up on me when he realized he was not going to get anything out of me.

[BV80]

This is true. I remember when a JDB called my dad and said they needed to talk to me before they made some type of judgement. I called them and told them they committed an FDCPA violation and the guy just argued with me and tried his best to get me to admit I owe his JDB money. He hung up on me when he realized he was not going to get anything out of me.

LOL...I'll bet you never heard from the guy again. He was probably furious he didn't get anywhere with you.

It's a shame the calls weren't recorded. That being said, if you ever do decide to record a call, make sure you know the recording law in your state and the caller's state. As long as both states are one-party states, you can record without telling the other party. OR if the other party has informed you that they are recording, you are free to do so without informing them.

[Costa]

Thanks for the insight. I think what you are saying is true. When I kept trying to get info out of the guy the only thing I could get was an 866 number to call. I called it to get some additional information and I could see how they were trying to bait me into admitting something. I stated in no uncertain terms that if they I will not discuss anything unless I have something in writing and nothing will be discussed over the phone. He kept trying to get me to admit that it was my debt but I continued to say that I was unsure, which I am because I have never heard of that card before. Then he started telling me that the date of last activity was in 06 which I then responded that regardless of who is responsible for the debt it is past the statute of limitations, 4 years in FL. He tried to argue with me but I stood my ground.

Haven't heard back from anyone since all this happened yesterday. I spoke with a representative at the sherrif's dept and said I could file a complaint but I don't even know if the name the guy gave me was correct.

These people are in total violation of the Fair Debt Law. The name of the JDB is PCS Group if anyone has heard of them. I never have and couldn't find anything on this board about them either.

[BV80]

Thanks for the insight. I think what you are saying is true. When I kept trying to get info out of the guy the only thing I could get was an 866 number to call. I called it to get some additional information and I could see how they were trying to bait me into admitting something. I stated in no uncertain terms that if they I will not discuss anything unless I have something in writing and nothing will be discussed over the phone. He kept trying to get me to admit that it was my debt but I continued to say that I was unsure, which I am because I have never heard of that card before. Then he started telling me that the date of last activity was in 06 which I then responded that regardless of who is responsible for the debt it is past the statute of limitations, 4 years in FL. He tried to argue with me but I stood my ground.

Haven't heard back from anyone since all this happened yesterday. I spoke with a representative at the sherrif's dept and said I could file a complaint but I don't even know if the name the guy gave me was correct.

These people are in total violation of the Fair Debt Law. The name of the JDB is PCS Group if anyone has heard of them. I never have and couldn't find anything on this board about them either.

I'd file a complaint and include the phone number that was given to you. Whether it's with the sheriff's dept. or the state dept. of consumer affairs, they can find out about the people through the phone number.

[1stStep]

I've heard that JDBs will sometimes do this in order to get a good address - then file and serve you.

Needless to say, the impression that there's an open case against you is an FDCPA violation. If you can, print off the court information (make sure there's a date).

Also, if you can, make sure to record any calls you get.

Edited July 28, 2011 by 1stStep