Served papers can't contact person being sued

[nolow]

What is the name of your state? Fl

I was served papers for a debt obligations for someone that lives in my apartmetn. She has been out of town, so I haven't been able to contact her. Well, the court date is tomorrow. I called the clerks office and they said contact the law office. I asked them to reschedule the pretrial conference/ mediation and she said they couldn't do anything because it was tomorrow. I'm concerned that my friend will get a default judgment against her. I told the lady on the phone at the law office that I didn't want an attorney/ representative to drive 2 hours to the court house, if she wasn't going to be there. She lauged and said that they weren't going to drive up there just for her. I'm taking it that more than one person is getting the same conference, or they don't have a representative showing. I'm thinking it is the former. I said what should I do, and she said just mail it back to us. What should I do? Can she get a default judgment against her because of me accepting the papers?

 

[seniorjudge]

Who are you in all this?




Q: Can she get a default judgment against her because of me accepting the papers?

A: Yes, if you were authorized to accept service for her.

 

[nolow]

Who are you in all this?




Q: Can she get a default judgment against her because of me accepting the papers?

A: Yes, if you were authorized to accept service for her.

I'm her boyfriend. The sheriff came to my apartment and asked for her. I said she wasn't home and he gave it to me to give to her. I called the clerks office and a lady there told me that it doesn't say anything about the sheriff serving me. It just says that the papers were served. I faxed a letter over to the clerks office stating my situation; she said that she would try to get it to the judge. The law office works as a debt collector, or I guess they have to state that they are a debt collector since they are in that business. It seems like they are inundated with these and she is just one account out of many. It's about an 800 dollar debt, so I'm thinking they can't be getting that much of a cut unless they bought the account. I really don't know what to do here, but I feel like I screwed up.

 

[BelizeBreeze]

I'm her boyfriend. The sheriff came to my apartment and asked for her. I said she wasn't home and he gave it to me to give to her. I called the clerks office and a lady there told me that it doesn't say anything about the sheriff serving me. It just says that the papers were served. I faxed a letter over to the clerks office stating my situation; she said that she would try to get it to the judge. The law office works as a debt collector, or I guess they have to state that they are a debt collector since they are in that business. It seems like they are inundated with these and she is just one account out of many. It's about an 800 dollar debt, so I'm thinking they can't be getting that much of a cut unless they bought the account. I really don't know what to do here, but I feel like I screwed up.

You did. Your first call should have been to her. Unless you were lying and she is there but hiding. Then you really screwed up.

 

[nolow]

You did. Your first call should have been to her. Unless you were lying and she is there but hiding. Then you really screwed up.

Can I get in trouble for not giving her papers? I mean it really isn't my problem (I mean the litigation). The sheriff also kind of pushed them off on me. He didn't really even ask me. He just kind asked me who I was and said he would leave them with me. I'm not trying to hide from them; I contacted everybody I could today in regards to something that isn't even really my business. I guess I made it my business when I accepted the papers. What is the worst that can happen a summary judgment? We are on the outs wtih each other. That is why she has been out of town living with her sisters. I know I will see her around the first. Well, what kind of trouble can I get into BelizeBreeze? How am I screwed? I sent the clerk a fax stating that I will give her the papers; it will just be a few days after the court date. What else can I do?

 

[BelizeBreeze]

Can I get in trouble for not giving her papers?

that depends on how fat and ugly she is.

I mean it really isn't my problem (I mean the litigation).

I agree.

The sheriff also kind of pushed them off on me. He didn't really even ask me. He just kind asked me who I was and said he would leave them with me. I'm not trying to hide from them; I contacted everybody I could today in regards to something that isn't even really my business. I guess I made it my business when I accepted the papers.

No you didn't.

What is the worst that can happen a summary judgment? We are on the outs wtih each other. That is why she has been out of town living with her sisters. I know I will see her around the first. Well, what kind of trouble can I get into BelizeBreeze? How am I screwed? I sent the clerk a fax stating that I will give her the papers; it will just be a few days after the court date. What else can I do?

nothing but call her and inform her she has court tomorrow. Otherwise, stay out of it. It's not your problem or business.

 

[nolow]

that depends on how fat and ugly she is.

I agree.

No you didn't.

nothing but call her and inform her she has court tomorrow. Otherwise, stay out of it. It's not your problem or business.

Thanks... I still can't get a hold of her. Well, if a summary judgment is awarded, the cost isn't too much. The debt collector/law firm seems like they could care less about it. I guess they have a lot of people to sift through. I'm hoping the judge gets my fax and reschedules it. It's weird... I still care what happens even though we are going through rough times. I wrote my phone number and address on the fax, so if the judge wants to contact me, he can do so tomorrow. I guess she will find out what happened when I let her know about it on the first.

 

[Rexlan]

Naaaa ... not buying it about being out of town.

She is toast and has been properly served I think. Another deadbeat about to bite the dust from trying to stiff a creditor. Never ends I guess.

That is called notorious service. Sheriff went to her last known address, probably provided by the creditor ... the boyfriends apartment where she likely lives or recently lived. Absolutely proper to either leave the papers there in plain sight if no one is at home or to leave them with a responsible party who also lives there, you.

OP said "she is not home" ... bingo!

Won't be a problem, however, if upon her return ... he, he, he .... she promptly takes care of it and has proof that she was IN FACT "out of town", not hiding out, and unable to be contacted. Just another bump in the road for a debt dodger ... lol

She is the apparent deadbeat but you are a problem too. First she is out of town and you can't contact her then she is with the sisters, and now you're PO'd at each other... it sounds like you withheld the papers because you were pissed and now you've got yourself all in a wad about it.

The Judge may smoke you too for that and it will give her an out. Maybe you should pay the debt for her and collect it back from her later.

 

[nolow]

Naaaa ... not buying it about being out of town.

She is toast and has been properly served I think. Another deadbeat about to bite the dust from trying to stiff a creditor. Never ends I guess.

That is called notorious service. Sheriff went to her last known address, probably provided by the creditor ... the boyfriends apartment where she likely lives or recently lived. Absolutely proper to either leave the papers there in plain sight if no one is at home or to leave them with a responsible party who also lives there, you.

OP said "she is not home" ... bingo!

Won't be a problem, however, if upon her return ... he, he, he .... she promptly takes care of it and has proof that she was IN FACT "out of town", not hiding out, and unable to be contacted. Just another bump in the road for a debt dodger ... lol

She is the apparent deadbeat but you are a problem too. First she is out of town and you can't contact her then she is with the sisters, and now you're PO'd at each other... it sounds like you withheld the papers because you were pissed and now you've got yourself all in a wad about it.

The Judge may smoke you too for that and it will give her an out. Maybe you should pay the debt for her and collect it back from her later.

You sound like a 16 year old kid playing on the computer. Why are you making all of these assumptions? I'm going to see her the 28th because I will be attending a (mutual friends) wedding. I was worried about it, so I called the clerks office again today. She said all that could happen is the judge not accept my fax and a default judgment could be issued. You are an idiot. What are they going to throw me in jail because I couldn't give her papers over a civil case? This isn't an episode of Law and Order. People don't worry about things too often. Moreover, she could pay the debt collector on Monday and I nor her will ever hear about this again. Man you are dumb.

 

[BelizeBreeze]

You sound like a 16 year old kid playing on the computer. Why are you making all of these assumptions? I'm going to see her the 28th because I will be attending a (mutual friends) wedding. I was worried about it, so I called the clerks office again today. She said all that could happen is the judge not accept my fax and a default judgment could be issued. You are an idiot. What are they going to throw me in jail because I couldn't give her papers over a civil case? This isn't an episode of Law and Order. People don't worry about things too often. Moreover, she could pay the debt collector on Monday and I nor her will ever hear about this again. Man you are dumb.

She may be able to pay the debt collector on monday but you make sure when you hand her the summons to tell her that she needs to bring about another $1,000 with her for court costs and legal fees.

 

[Rexlan]

You sound like a 16 year old kid playing on the computer. Why are you making all of these assumptions? I'm going to see her the 28th because I will be attending a (mutual friends) wedding. I was worried about it, so I called the clerks office again today. She said all that could happen is the judge not accept my fax and a default judgment could be issued. You are an idiot. What are they going to throw me in jail because I couldn't give her papers over a civil case? This isn't an episode of Law and Order. People don't worry about things too often. Moreover, she could pay the debt collector on Monday and I nor her will ever hear about this again. Man you are dumb.

Nope .. I think I got it just about right ... lol

 

[nolow]

Nope .. I think I got it just about right ... lol

I have read some of your other posts. Why do you even post on these boards? You must live a boring life to troll a free advice forum.