Is Social Security judgement proof?

[gatorguy11]

Called court office, yes something is there, apparently judge has file, says I am served unless comes back from judge saying otherwise? I have received nothing??? they have no other info. Something about attoney has it-wonder if who contacted me to get me in??? but received several come see me about from attorney's. Confusing!!!! Should I still send in Validation of debt form to them to make them provided details? Thanks.....

 

[Ladynred]

If you're going to request validation do it ASAP before it does go to judgment. Make sure you send it CRRR.

Are you saying they didn't have a Proof of Service with your file ?? If you've been served, no matter what method was used, then this form should be in the casefile. You need a copy of that Proof of Service. If the judge has the file, did the clerk say WHEN the suit was filed ? It could be that the Summons is on its way.

Here's some info on Service of Process (summons) from the FL court rules of Civil Procedure:

"(j) Summons; Time Limit. If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading and the party on whose behalf service is required does not show good cause why service was not made within that time, the action shall be dismissed without prejudice or that defendant dropped as a party on the court's own initiative after notice or on motion. "


So, it looks like they have up to 6 months to serve you....


"48.031 Service of process generally; service of witness subpoenas.
(1) (a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section."


"48.21 Return of execution of process.

All officers to whom process is directed shall note on it, or on a return-of-service form attached thereto, the time when it comes to hand, the time when it is executed, the manner of execution, the name of the person on whom it was executed and if such person is served in a representative capacity, the position occupied by the person. A failure to state the foregoing facts invalidates the service, but the return is amendable to state the truth at any time on application to the court from which the process issued. On amendment, service is as effective as if the return had originally stated the omitted facts."

 

[gatorguy11]

called Clerk's office, there is something there, they say judge has file? they say I am served unless file comes back from judge saying otherwise??? I have sign or received nothing from any source as getting a summons apparently is 3 days old, wonder if service has come out yet girl doesn't understand? here Sherff or server comes by I understand, also something about attorney has it(summons?) called attorney that wrote me, they are not representives of Plainiff. Is confusing???

 

[Ladynred]

Yes, its confusing. A notice from the attorneys telling you of the lawsuit and giving you 20 days to respond is not exactly 'official' notice since you haven't actually GOTTEN the summons yet. If the suit is only 3 days old, then the attorneys could have jumped the gun assuming you'd already been served. If a summons HAS been served you definitely need to find out where it went, since it apparently didn't go to you. As the law states, they actually have 120 days from the time the suit is filed to serve you.

Who is the attorney you heard from doesn't represent the plaintiff ?? That sounds a bit strange, but until you have a copy of the lawsuit, you probably won't figure out how this all goes together.

 

[gatorguy11]

Thanks. The attorney contacting me about filing and the time to respond to summons, they are just trying to get business. Have talked to her personally, she says her letters get there usually before Summons, apparently info from Clerks office is vague, have decided to wait until served and then talk to this attorney. From the other post, would it be wise to send Letter to Validate Debt for details to the Filing company?

 

[Ladynred]

Yes. If you're going to request validation, do it with the collection agency or attorney now. Validation won't work with the original creditor.