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Paula007

Very old debt - Process server attempting to serve

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When I returned from work this evening there was a business card stuck in my front door. It is from a Certified Process Server and on the back of the card, he has my name handwritten. What is interesting is it is listed as my old married name. I have been married to my current husband for 11 years which tells me this is a very old debt. 

It's my understanding that the SOL has expired in Florida since this is a very old debt (no judgement). I believe it to be a car that I voluntarily turned in while married to my ex husband. I realize anyone can sue anyone for any reason however I am curious as to the validity of this action?

Thanks in advance!

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If it is truly a process server attempting to serve you with a summons and complaint for a lawsuit, that service is not invalid just because the statute of limitation (SOL) to sue for the debt has expired. The SOL is a defense that you assert when you respond to the lawsuit. You are under no obligation to contact this person, and frankly I wouldn't. I would, however, suggest you check with the clerk for the local county court (where disputes of $15,000 or less are typically heard) and for the local circuit court (where larger disputes are heard) to see if any lawsuit has indeed been filed. You may want to check that periodically, at least every month, for the next few months, to see what might show up. If there is a case filed against you, you want to monitor that in case the process server claims you were served so that you don’t end up with a default judgment against you. Of course, if you do get served, then you'll need to respond to the lawsuit. 

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Hi Tax_Counsel,

Thank you for a prompt reply. Sorry, I didn't mean to imply that the process server's action would be invalid. I did indeed check him out and he is listed on the 5th Circuit's web site as Certified. I also realize he is just doing his job and obviously does not have a clue how old this debt is. It was a used car so I assume will be under the 15k. I will monitor the court's web site as suggested. Thank you again!

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When I returned from work this evening there was a business card stuck in my front door. It is from a Certified Process Server and on the back of the card, he has my name handwritten. What is interesting is it is listed as my old married name. I have been married to my current husband for 11 years which tells me this is a very old debt.

 

What makes you think this is concerning a debt?  That's hardly the only reasons why people get sued, and process servers do more than serve lawsuits (e.g., it could be a subpoena for you to testify as a witness in some case that otherwise has nothing to do with you).

 

 

 

I am curious as to the validity of this action?

 

Not really sure what you mean by "this action" or what "validity" means in this context.  If, in fact, the reason why the process server left his card in your door jamb is because someone has sued you, it's certainly valid for the process server to have done that, regardless of the merits of the lawsuit.  As for the "validity" of any lawsuit, we obviously can't comment intelligently about that since we have no idea what the complaint says.

 

Suffice to say that, if you've been sued, the process server will likely catch you when you're home and serve you.  I'm not sure why "Tax_Counsel" said he wouldn't contact the process server, so I cannot say whether I agree or disagree, but I cannot think of any good reason not to do so.  Frankly, I'd be concerned about the possibility of the process server claiming to have served you when he actually didn't and ending up with a default judgment.  If/when you get served with something, then you can evaluate it for its merits.

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What makes you think this is concerning a debt?  That's hardly the only reasons why people get sued, and process servers do more than serve lawsuits (e.g., it could be a subpoena for you to testify as a witness in some case that otherwise has nothing to do with you).

 

 

 

 

Not really sure what you mean by "this action" or what "validity" means in this context.  If, in fact, the reason why the process server left his card in your door jamb is because someone has sued you, it's certainly valid for the process server to have done that, regardless of the merits of the lawsuit.  As for the "validity" of any lawsuit, we obviously can't comment intelligently about that since we have no idea what the complaint says.

 

Suffice to say that, if you've been sued, the process server will likely catch you when you're home and serve you.  I'm not sure why "Tax_Counsel" said he wouldn't contact the process server, so I cannot say whether I agree or disagree, but I cannot think of any good reason not to do so.  Frankly, I'd be concerned about the possibility of the process server claiming to have served you when he actually didn't and ending up with a default judgment.  If/when you get served with something, then you can evaluate it for its merits.

 

Hi Pg,

Sorry for the confusion of my wording. What I meant is how valid is the old debt considering it would be 10+ years old. Why I believe it to be the old car debt is because of the name that was written on the back of the card ... the last name is more than 10 years old. The second reason why I believe it to be the car I had turned in over 10 years ago is because I checked my credit report and see where Portfolio Recovery inquired my credit report in April, 2014. This is why I am confident that it is a very old debt. 

I don't really want a default judgement against me, especially if I'm able to prove statute of limitations has expired. Can one of you point me in the direction of where I can locate the SOL information as I'm sure I will probably need to produce that when going to court.

Thanks again for the help.

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This response is not intended to create an attorney-client

relationship.

 

How do you know that the process server has a new lawsuit

on hand rather than a judgment that was sold and assigned?

How do you know that the process server has a new lawsuit

on hand instead of holding a proceedings supplemental motion?

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Would there not need to be a judgement to serve me with a proceedings supplemental motion? I don't have any judgments against me.

 

I don't see how it could be new ... my name has been changed for over 10 years. The only way I will know for sure is when I call the server tomorrow and learn why he is looking for me.

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What I meant is how valid is the old debt considering it would be 10+ years old.

 

If, in fact, you have been sued and if, in fact, the suit relates to a 10+ year old debt, you very likely have a valid defense based on the statute of limitations.

 

 

 

Can one of you point me in the direction of where I can locate the SOL information as I'm sure I will probably need to produce that when going to court.

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/0095ContentsIndex.html&StatuteYear=2013&Title=%2D%3E2013%2D%3EChapter%2095

 

In particular, check out Section 95.11.  Note that you will need to prove the relevant facts, not the law itself.

 

I think the "how do you know?" point has been made.  If you have further questions after you find out what's what, please feel free to post further in this thread.

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