Re: Being sued, Question about rights !

Posted by Why Chat on March 11, 2002 at 08:43:43:

In Reply to: Re: Being sued, Question about rights ! posted by Tony on March 10, 2002 at 22:22:12:

She should send a notice to the court,with a copy to the attorney,registered,return receipt, stating she has just been given the notice to appear, (have her reference the court filing #) that she was not given service, that her brother was not authorized to accept service, and she is requesting the case be dismissed. If she does nothing, she will get a default judgement, which means she is subject to wage garnishment. Your joint account cannot be touched, any joint assets cannot be touched.If she owns the car in her name, and has substantial equity in it, they can petition the court for seizure,she would have to pay all sorts of extra expenses to get it released. You will still get CA's who have purchased the account trying to collect on the judgement. Judgements,once on the books in Fl. are good for 20 years.Your best bet is to either have her send the letter, or if there is no time left, appear at the hearing and defend herself against judgement by saying she was not served, the figures are wrong,the date of the debt was wrong,they have not given her validation of the debt with her signature, and whatever other however minor irregularity she can think of. There are plenty of people at the small claims court to help her, as very few are represented by lawyers, and the judges are very helpful for those who are up against ca lawyers who take short cuts, (like improper service)

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