Is this Legal ? or is it just Florida ?

[davidnm]

What is the name of your state? New Mexico

I cant figure this out.

My brother decided to move here to new mexico. So I took 2 weeks off from work and went to florida to help him move. During the few days I was there I was traffic stopped by a deputy of the local county who handed me a notice to appear for a civil lawsuit from som attorney in south florida.

Despite attempts to contact this firm I was told that I owed this credit card bill even tho the name on thier paperwork has my name reversed which indicates a female and I am male, (but the made sure to have the correct name on the notice of hearing) go figure and a address that I have not lived at in many years and because it has my ss# on the application. ( I never revelaed or confirmed my #, the either took a good guess or have it. Anyway..... I sent a affadavid to the judge stating that I do not live in the state of florida and that this plaintiff should and must file in new mexico.

The judge dismissed a change in venue and insisted that I in fact do live in florida and granted a default jusdgement for over $6,000 . My $300 or should I say $ 6,000.00 question is this in fact legal ??, I contacted a local new mexico attorney and his best suggestion was to drive to florida and consult a florida attorney - which I dont have the time or the money to do. Any suggestions ???

 

[Ladynred]

That's ridiculous !! Did the judge mention what made him insist that you DO live in FL ?? What proof did you provide that you live elsewhere ?? How old is this debt ?? SOL on credit card debts in FL is 4 years, 5 for written contracts. You need to appeal this bogus judgment ASAP !

Here is the name and email of an attorney who practices in FL, email him and ask him about this, he may be able to help you.

Florida and N.C. Licensed Lawyer
Chris Livingston
5440 Atlantic Springs Rd
Raleigh, NC 27616
(919) 876-8001
email: [email protected]

 

[davidnm]

reply

the judge ( stephen murphy , taylor county florida ) refuses to discuess this matter with me.

I got the information from the clerk of court. I have no clue as to his basis of decision. When I was s topped by the deputy, I had to show him a new mexico drivers license and I was driving my car with new mexico plates.

The biggest problem I have with this is it isnt my account. Thank You for the attorneys information. Ill attempt to contact him monday.

Closest I can figure is in Taylor County Florida, Justice is bought and sold for cash.

Thanks Again

 

[olgethorpe]

Aren't you a little suspicous?

Is it a remarkable conincidence that you just happened to be stopped by a cop carrying a summons? Does he just carry around a pile in case someone shows up, or did he know you were coming? It would appear that you've been the victim of identify fraud...you'll have to file a police report to get this documented...but you might look around you to see if there's anyone who might have used your social security number to run up a credit card debt and then alerted the cops that you were going to be in town...

 

[Happy Trails]

What is the name of your state? New Mexico

I cant figure this out.

My brother decided to move here to new mexico. So I took 2 weeks off from work and went to florida to help him move. During the few days I was there I was traffic stopped by a deputy of the local county who handed me a notice to appear for a civil lawsuit from som attorney in south florida.

Despite attempts to contact this firm I was told that I owed this credit card bill even tho the name on thier paperwork has my name reversed which indicates a female and I am male, (but the made sure to have the correct name on the notice of hearing) go figure and a address that I have not lived at in many years and because it has my ss# on the application. ( I never revelaed or confirmed my #, the either took a good guess or have it. Anyway..... I sent a affadavid to the judge stating that I do not live in the state of florida and that this plaintiff should and must file in new mexico.

The judge dismissed a change in venue and insisted that I in fact do live in florida and granted a default jusdgement for over $6,000 . My $300 or should I say $ 6,000.00 question is this in fact legal ??, I contacted a local new mexico attorney and his best suggestion was to drive to florida and consult a florida attorney - which I dont have the time or the money to do. Any suggestions ???

**So you didn't attend the court hearing and that is why the Judge found in favor of the plaintiff. I am a little suspicious as well since your brother is a male and decided to move out of the state.

 

[davidnm]

reply

I kind of agree, the complaint was made up in may, but someone was sitting on it till july. I just find it all a little strange.

one more note I can input is the manager of my complex gave me a message that a deputy from this county left a message with her for me to call him. I telephoned the 800# that was left and tried to contact him but he was out on an investigation and would call me back. to date no response....

Something is defenatly wrong but living 1900 miles from there makes it kind of hard to address.

 

[davidnm]

**So you didn't attend the court hearing and that is why the Judge found in favor of the plaintiff. I am a little suspicious as well since your brother is a male and decided to move out of the state.

what are you impling ?? and I would suggest you make sure of your facts before you make comments.

 

[Happy Trails]

what are you impling ?? and I would suggest you make sure of your facts before you make comments.

**Why are you so defensive?

**I can only be as certain of the facts to as what you post. That is you think something is definitely wrong.

**And it is entirely possible as olgethorpe stated that you are the victim of identity theft. Only implying it is a possibility your information did get into the wrong hands. How else could all your information (although name reversed, your SS#, and an address you used to live at) be used to open up an account and rack up $6000.00 in charges?

**I was implying that it seems suspicious. You have a brother in the state, possibly an old landlord or a previous place of employment. Someone had your info. (not stating it as a fact, but most likely) I am doubtful the Justice Dept. trumped up a phony lawsuit or someone got lucky and guessed your SS#.

**If I assumed the reason you lost was because you didn't attend the court hearing and lost according to a default, and that is incorrect. Then say so.
But you have no law in your favor that says they have to file in New Mexico.

 

[JETX]

Wait a minute, folks.... don't you see what this really is??

This guy admits that he LIVED in Florida, that the summons has HIS SSN, his name (only somehow 'reversed'), his former address, etc. Clearly, to me, the debt is his. The fact that he now lives in New Mexico has NO relevance to the lawsuit being filed in Florida, as that was his residence at the time when he entered the contract, so the Florida venue is correct.

I run into the case of people 'swapping' names (first for middle, middle for last, etc.) all in an attempt to commit fraud all the time. There is NOTHING in this post to indicate that the judgment debtor is anyone BUT the OP.

As for the issue of venue, why would this judgment be anything but valid???

 

[Ladynred]

Along with all that, they cannot enforce a FL judgment in NM anyway - not without domesticating the judgment to NM - and that will cost them money. If you think this is fishy, then get a copy of the judgment case file and go thru it. If you still think you have been wrongly accused and sued, then file an appeal. ID theft is a possiblity. So is it being a valid debt of yours, but you're going to have to do some research on your own to determine that.