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Sued by SF Bank...Summons not received

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Hi All,

I have a couple of questions regarding a summons. Supposedly, last weekend a guy showed up at my mom's house with a summons. I do not reside there and actually live in the next county over (in Florida). I did a search of the county records where my mom lives and it appears an attorney has filed suit on behalf of State Farm Bank. According to a civil records search online, the case is set for pretrail conference/mediation on May 30th.

My question is...since I have not been served, am I required to attend this mediation? Are they required to re-file in the current county that I live and serve me here? Is there anything I need to do right now in order to be sure I do get served rather than just ignoring it? My mom simply told the guy that I do not live there and provided him with my address.

Any information would be helpful! Thanks in advance!

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You don't need to do anything until you are lawfully served. However, since you have been tipped off, you can keep an eye on those court records and make sure they don't try to pull a fast one.

Also, a lawsuit against you should be filed in the proper jurisdiction, which is usually the county where you live.

I would guess that one of two things will happen at this point (setting aside any improper behavior):

1. Having learned your actual address, the lawyer will do whatever it takes to move the case to the proper jurisdiction.

2. They will attempt to serve you at your actual address. If jurisdiction is improper, you will have to file the paperwork to change the venue.

Let me caution you not to actively avoid being served. If they show up at your door, take the papers and deal with it head-on. Once you have the papers you can figure out your next move.

Good luck,


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Thank you DH for your response. I am certainly not avoiding being served. Now that they have my correct address I would assume you are correct in that they will try to serve me at my address. My concern is that they don't and I don't show up at the hearing and all of a sudden they rush to get a judgment. I will certainly keep an eye on it.

I thank you again for your response!!

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My concern is that they don't and I don't show up at the hearing and all of a sudden they rush to get a judgment. I will certainly keep an eye on it.

If things in Florida run anything like in California, there are periodic "Case Management Conferences" which are really just status reports to the court to make sure things are moving along. At the first one, the judge is just going to want to know if the defendant has been served yet. If not, he'll want to know when the plaintiff will complete service, if there are any difficulties, etc. After some period of time, if service is not completed, the case will be dismissed. You are not expected to appear in court until directed to do so. So relax, sit tight, but remain vigilant.

Good luck.


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Just wanted to provide an update. I checked online today and this is what it said:

05/15/2012 Calendar entry added for: 05/30/2012 08:45 AM CINS

05/15/2012 Reason: PRTC CINS




05/24/2012 SERVICE OF PROCESS UNSERVED ***(Name Redacted) SPU 4


Anyone know what SERVICE OF PROCESS UNSERVED means? Im assuming it simply means they were unable to serve me.

Also, am I correct in that the pre-trial memo filed today is just a document stating causes of action?

At this point, I have still not been served.

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They have not served you...

Did they file in the correct county/venue? If not, you could have an FDCPA violation suit against the law firm.

No, they did not file in the correct county. They filed in the county I used to live in up until last September. I have since moved to the next county over.

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