Marcadis & Associates Improper Service of Summons Tampa Florida

MARCADIS ASSOCIATES FILED A SMALL CLAIMS AGAINST ME FOR SOMETHING I NEVER HEARD OF AND KNOW NOTHING ABOUT. I LEFT THE U.S. YEARS AND YEARS AGO

Lack of Prosecution notice has been sent to Plaintiff now after my Motion for Discovery on 1/18/07.

Just to update everyone on this. I filed the motion for discover back on 1/18/07 and the court has issued a Lack of Prosecution Notice to the Plaintiff.

Anything further can I expect on this Steve?

Thanks,

Erick

read Florida civil rule 1.380 failure to make discovery; sanctions

this should answer your questions on what to do.

In your motion, be sure, you state that this is stalling on part of the plaintiff and him being a license lawyer, is taking undo advanage of a pro-se defendant. and is not allowing me due prosses and enough time to respond.

some courts will asked if you contacted them, about this matter, still file the motion under 1.380

Half the times these lawyers won't take your calls and if you leave them a msg. good luck, them getting back to you. you called and left a msg. when he wouldn't come to the phone. That you need his responds to my discovery, he got over 30+ days ago. you tried to make contact.

This lawyer will come now and file a motion for continuance, based on the amount of material you asked for. opposit. they had time and they didn't make the request within the time allowed.

if you didn't get any of your papers filed within the time limit, this lawyer will be all over that, not wanting them in., so get everything on the record in case you need to appeal or complain with the bar assoc.

you should while you looking at the civil rules, look at motions to strike, hearsay rule and exception to the hearsay rule.

I filed the motion for discovery and sent a copy of the motion to the plantiff. After 30 days has lapsed and if I haven't heard anything further from the Plaintiff regarding my discovery of documents for the debt, can I proceed with a Motion to Dismiss? If not, what is my next step?

Thanks for your time.

Discovery, you want them to give you ALL documents, evidences, witness list anything and everything they are going to use in court.
you must ask for it, don't think they will give you anything you did not ask for.

in Florida rule: 1.280: general provisions governing discovery
rule 1.340 deals with interrogatories (questions)
rule 1.370 deals with the request for admission
and rules 1.350 deals with production of documents.

The clerk of court should have blank forms you can use as a format.

Google: Florida civil rules of laws, this should help you. its best to read up on these rules so you can understand them before you fill out these request.

in your discovery request make sure you ask for:
provide all the original media on file all charges on a line by line basic bill of sale, proof of payment (CANCELLED CHECK) that i owe this company money what the money you say i owe for explain and show me how you calculated what you say I owe all contracts that i signed (orignal) all dates for this account list of all witness you plan to call Names of all person and positions of the original credtor you have to call photo's tapes fax's computer print outs
phone log any and all documents not requested that you will use in court any evidences that you obtain at a later date

some of this may not apply, but ask for everything you can think of Look at all dates they send you, to see if there are re-ageing this debt.

It would be great if you had old copies of your credit report, that shows a different date as to the one there given.

I'm not an attorney, it best to get there advise
this is just basic information that is common, and you should, if your going to handle this pro-se read up on it. advise from most people on this site is good, but your the one that will be in court so you must know what your doing
good luck nothing on the internet can replace the real advise of an attorney, remember that it this gets to be to much for you good luck

Erick,

Filing for Discovery is usually generic. Your court clerk will usually assist you. If not, any paralegal or legal aid office can do it for you.

I knew that service was valid, but I'm glad you gave it a try anyway.

Good luck.

Erick,

Filing for Discovery is usually generic. Your court clerk will usually assist you. If not, any paralegal or legal aid office can do it for you.

I knew that service was valid, but I'm glad you gave it a try anyway.

Good luck.

Erick,

Filing for Discovery is usually generic. Your court clerk will usually assist you. If not, any paralegal or legal aid office can do it for you.

I knew that service was valid, but I'm glad you gave it a try anyway.

Good luck.

Erick,

Filing for Discovery is usually generic. Your court clerk will usually assist you. If not, any paralegal or legal aid office can do it for you.

I knew that service was valid, but I'm glad you gave it a try anyway.

Good luck.

Steve or anyone...the court just denied my Motion to Quash for Improper service which I kind of expected. I am thinking now of filing a motion for Discovery to validate this debt. What content should I put into the motion? I checked my credit reports and the debt these people are trying to collect on are no where on my reports. Should I send a copy of all three reports in with my motion to show proof?

Thanks for your assistance.

If the debt collector is not licensed in FL, the collection and lawsuit are invalid. This is grounds for dismissal, unless the lawyer was hired to to the collections.

The only way a lawyer can do collections is if they are hired by the owner of the debt to do collections, or if they own the debt themselves. Furthermore, any lawyer putting his/her name on a collection notice, must have substantial knowledge of the account, and make themselves personally available to the debtor to discuss the account.

I would use the validation process as my defense on this one. If they cannot properly validate, they cannot win in court.

Steve I did a search on debt collection licenses for Marcadis & Associates and the other plaintiff who is collecting for the creditor, Financial Portfolios Corporation and there was no record of a license for either of these in Florida. Is this grounds for dismissal? Furthermore, the Florida Statue for debt collection license is exempt for anyone who is a member of the Florida Bar. The attorney in charge of the case who works for Marcadis & Associates is a member of the bar. Would this defense, in your opinion, be dismissed by the judge?

Thanks Steve for your time.

Erick,

Just make sure you have full documentation to back up whatever defense you have chosen.

If you are using the SOL defense, be sure you demand to see the original contract you signed as well as proof of whatever state it was signed in to determine SOL.

I don't like that telephonic testimony thing. I think that violates our contsitutional right to confront our accuser, as well as the fact that if we have to endure the time and expense of personal appearance, they should too.

Keep me posted,

Good luck.

Erick,

Just make sure you have full documentation to back up whatever defense you have chosen.

If you are using the SOL defense, be sure you demand to see the original contract you signed as well as proof of whatever state it was signed in to determine SOL.

I don't like that telephonic testimony thing. I think that violates our contsitutional right to confront our accuser, as well as the fact that if we have to endure the time and expense of personal appearance, they should too.

Keep me posted,

Good luck.

Steve I just received in the mail from the creditor's attorney, Marcadis & Associates, that there is a Notice of a Hearing for my Motion to Quash for Improper Service. There was no phone number or courtroom number to appear. It says the Plaintiff will appear by telephone. How familiar is anyone with this process?

Thanks

Marcadis & Associates Update Default Judgment to be entered without court date. Your advice please Steve and/or Tom Tampa Florida

Steve / Tom, After I filed the Motion to Quash for Improper Service, the lawyer at Marcadis is apparently seeking a default for judgment. I looked up the docket on the Alachua County Clerk of the Court website and found the following:

9/5/06 Letter To The Clerk From
Marcardis & Associates Dated 9/1/06

9/1/06 Unsigned Proposed Document
Not Imaged (Default Final
Judgment)

9/1/06 (Fax)Letter to Clerk From
Marcadis & Associates Dated
9/1/06

8/17/06 Motion to Quash For Improper
Service - Filed By Defendant

8/9/06 Affidavit of Service - Return
On Fifth Pluries Summons -
Served on 4/18/06 As To: Erick

What is my next move here Steve or Tom? I haven't been given a court date or anything in that nature. Can I go ahead and file a Motion of Discovery? Your advice would be greatly appreciated gentlemen.

Steve & Tom,

I typed up the Motion to Quash for Improper Service and sent via Certified Return Receipt to the Alachua County Clerk of the Court and to the Collection Firm. I guess I just sit back and wait to see what the ruling is on it or is there something more I need to do in the meantime.

Erick,

SOL always applies. SOL starts when you have your first major delinquency with the ORIGINAL CREDITOR, or charge off date may be used.

If that date between the charge off by the original creditor and the date of the actual lawsuit filing is more than 5 years, the lawsuit is frivolous and cannot be justified by them.

Go with Tom's advice. Motion to Dismiss, based on defective validation and being past SOL in FL.

Do this right away and be sure your response is within 20 days. Otherwise they may get a default judgement.

And I have a problem with anything on a summons being altered by hand. You might want to add that into your motion to dismiss.

The front page stating Plaintiff vs Defendent. It also says YOU ARE HEREBY COMMANDED to serve this summons and copy of the complaint or petition in the action on Defendant.

FIFTH PLURIES SUMMONS
PERSONAL SERVICE ON INDIVIDUAL
IMPORTANT

Then it goes on I have 20 calendar days to file a written response so on an so forth.

When the deputy clerk wrote in the date it was as follows:

WITNESS my hand and seal of this court on the 10 day of March 2005. The deputy clerk has scratched out the 5 in 2005 and replaced it with a handwritten 6.

The 2nd pages basically says it all except in the French and Spanish language.

3rd page is the Complaint. This says:

1. This is an action for damages that do not exceed $15000.00, exclusive of interest, court costs, and attorney's fees.

2. The defendant owes the Plaintiff $7817.45 that is due with interest since July 13, 2000, in accordance with the attached account.

The second line is interesting because it seems they filed the lawsuit in 2002 according to the docket but I was apparently served on 4/18/06. If I read things right...the statue of limitations do not apply here. IF SO, please advise gentlemen.

The 4th and final page is a lame computer printout from their system apparently telling me what they owe. Its the generic type with the balance and interest charges. The description they've entered is "NEW CLAIM ENTRY". There is no other documentation to back up what they say I owe. No itemization or nothing..just a vague amount.

I apologize for making this lengthy Steve and Tom but I figure I give you the whole picture so that you would understand. Thank you very much for your time gentlemen. If I could fax it (the summons) to either/both of you I would be glad to do so if you provide me your fax numbers.

Thanks!

The front page stating Plaintiff vs Defendent. It also says YOU ARE HEREBY COMMANDED to serve this summons and copy of the complaint or petition in the action on Defendant.

FIFTH PLURIES SUMMONS
PERSONAL SERVICE ON INDIVIDUAL
IMPORTANT

Then it goes on I have 20 calendar days to file a written response so on an so forth.

When the deputy clerk wrote in the date it was as follows:

WITNESS my hand and seal of this court on the 10 day of March 2005. The deputy clerk has scratched out the 5 in 2005 and replaced it with a handwritten 6.

The 2nd pages basically says it all except in the French and Spanish language.

3rd page is the Complaint. This says:

1. This is an action for damages that do not exceed $15000.00, exclusive of interest, court costs, and attorney's fees.

2. The defendant owes the Plaintiff $7817.45 that is due with interest since July 13, 2000, in accordance with the attached account.

The second line is interesting because it seems they filed the lawsuit in 2002 according to the docket but I was apparently served on 4/18/06. If I read things right...the statue of limitations do not apply here. IF SO, please advise gentlemen.

The 4th and final page is a lame computer printout from their system apparently telling me what they owe. Its the generic type with the balance and interest charges. The description they've entered is "NEW CLAIM ENTRY". There is no other documentation to back up what they say I owe. No itemization or nothing..just a vague amount.

I apologize for making this lengthy Steve and Tom but I figure I give you the whole picture so that you would understand. Thank you very much for your time gentlemen. If I could fax it (the summons) to either/both of you I would be glad to do so if you provide me your fax numbers.

Thanks!

The front page stating Plaintiff vs Defendent. It also says YOU ARE HEREBY COMMANDED to serve this summons and copy of the complaint or petition in the action on Defendant.

FIFTH PLURIES SUMMONS
PERSONAL SERVICE ON INDIVIDUAL
IMPORTANT

Then it goes on I have 20 calendar days to file a written response so on an so forth.

When the deputy clerk wrote in the date it was as follows:

WITNESS my hand and seal of this court on the 10 day of March 2005. The deputy clerk has scratched out the 5 in 2005 and replaced it with a handwritten 6.

The 2nd pages basically says it all except in the French and Spanish language.

3rd page is the Complaint. This says:

1. This is an action for damages that do not exceed $15000.00, exclusive of interest, court costs, and attorney's fees.

2. The defendant owes the Plaintiff $7817.45 that is due with interest since July 13, 2000, in accordance with the attached account.

The second line is interesting because it seems they filed the lawsuit in 2002 according to the docket but I was apparently served on 4/18/06. If I read things right...the statue of limitations do not apply here. IF SO, please advise gentlemen.

The 4th and final page is a lame computer printout from their system apparently telling me what they owe. Its the generic type with the balance and interest charges. The description they've entered is "NEW CLAIM ENTRY". There is no other documentation to back up what they say I owe. No itemization or nothing..just a vague amount.

I apologize for making this lengthy Steve and Tom but I figure I give you the whole picture so that you would understand. Thank you very much for your time gentlemen. If I could fax it (the summons) to either/both of you I would be glad to do so if you provide me your fax numbers.

Thanks!

The front page stating Plaintiff vs Defendent. It also says YOU ARE HEREBY COMMANDED to serve this summons and copy of the complaint or petition in the action on Defendant.

FIFTH PLURIES SUMMONS
PERSONAL SERVICE ON INDIVIDUAL
IMPORTANT

Then it goes on I have 20 calendar days to file a written response so on an so forth.

When the deputy clerk wrote in the date it was as follows:

WITNESS my hand and seal of this court on the 10 day of March 2005. The deputy clerk has scratched out the 5 in 2005 and replaced it with a handwritten 6.

The 2nd pages basically says it all except in the French and Spanish language.

3rd page is the Complaint. This says:

1. This is an action for damages that do not exceed $15000.00, exclusive of interest, court costs, and attorney's fees.

2. The defendant owes the Plaintiff $7817.45 that is due with interest since July 13, 2000, in accordance with the attached account.

The second line is interesting because it seems they filed the lawsuit in 2002 according to the docket but I was apparently served on 4/18/06. If I read things right...the statue of limitations do not apply here. IF SO, please advise gentlemen.

The 4th and final page is a lame computer printout from their system apparently telling me what they owe. Its the generic type with the balance and interest charges. The description they've entered is "NEW CLAIM ENTRY". There is no other documentation to back up what they say I owe. No itemization or nothing..just a vague amount.

I apologize for making this lengthy Steve and Tom but I figure I give you the whole picture so that you would understand. Thank you very much for your time gentlemen. If I could fax it (the summons) to either/both of you I would be glad to do so if you provide me your fax numbers.

Thanks!

According to Florida Rules of Civil Procedure,rule 1.080

....by leaving it at the person's usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents.

So it would seem that it might have been properly served.But you may still have the right to motion to quash if the process was unreasonably defective.

Did it contain a full and proper complaint?

Review Florida Rules of civil procedure for more info.

If you do file a motion to quash,the judge will make one of 3 decisions.

1)Your motion is frivolous and the original service date stands.

2)Your motion was made in good faith but you are incorrect so service starts at the time of the ruling.

3)Your motion has merit and will be granted.

One way or another you will probably have to deal with this.And your time to respond is running out.If you don't respond they will get a default judgment.

The Federal rules of civil procedure also use the term "residing"(Rule 4(e)(2)).But that term is open to interpretation.Your father should have refused service.By not objecting,the process server probably effected proper service.I'm sure you're not too thrilled that he accepted service.

Note to everyone:Collectors will get to you any way they can.Friends,family,neighbors and work will all be targeted.So you have to plan your strategy to deal with this.Like,telling them to stay off the phone and not to accept anything.They need to also send cease communications letters.
__________________________________________________

Great general reference for everyone:Federal Rules of Civil Procedure (FRCP).Although generally not directly applicable,most state rules of civil procedure try to remain consistent with the federal rules.And it can help clarify uncertainty.

According to Florida Rules of Civil Procedure,rule 1.080

....by leaving it at the person's usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents.

So it would seem that it might have been properly served.But you may still have the right to motion to quash if the process was unreasonably defective.

Did it contain a full and proper complaint?

Review Florida Rules of civil procedure for more info.

If you do file a motion to quash,the judge will make one of 3 decisions.

1)Your motion is frivolous and the original service date stands.

2)Your motion was made in good faith but you are incorrect so service starts at the time of the ruling.

3)Your motion has merit and will be granted.

One way or another you will probably have to deal with this.And your time to respond is running out.If you don't respond they will get a default judgment.

The Federal rules of civil procedure also use the term "residing"(Rule 4(e)(2)).But that term is open to interpretation.Your father should have refused service.By not objecting,the process server probably effected proper service.I'm sure you're not too thrilled that he accepted service.

Note to everyone:Collectors will get to you any way they can.Friends,family,neighbors and work will all be targeted.So you have to plan your strategy to deal with this.Like,telling them to stay off the phone and not to accept anything.They need to also send cease communications letters.
__________________________________________________

Great general reference for everyone:Federal Rules of Civil Procedure (FRCP).Although generally not directly applicable,most state rules of civil procedure try to remain consistent with the federal rules.And it can help clarify uncertainty.

According to Florida Rules of Civil Procedure,rule 1.080

....by leaving it at the person's usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents.

So it would seem that it might have been properly served.But you may still have the right to motion to quash if the process was unreasonably defective.

Did it contain a full and proper complaint?

Review Florida Rules of civil procedure for more info.

If you do file a motion to quash,the judge will make one of 3 decisions.

1)Your motion is frivolous and the original service date stands.

2)Your motion was made in good faith but you are incorrect so service starts at the time of the ruling.

3)Your motion has merit and will be granted.

One way or another you will probably have to deal with this.And your time to respond is running out.If you don't respond they will get a default judgment.

The Federal rules of civil procedure also use the term "residing"(Rule 4(e)(2)).But that term is open to interpretation.Your father should have refused service.By not objecting,the process server probably effected proper service.I'm sure you're not too thrilled that he accepted service.

Note to everyone:Collectors will get to you any way they can.Friends,family,neighbors and work will all be targeted.So you have to plan your strategy to deal with this.Like,telling them to stay off the phone and not to accept anything.They need to also send cease communications letters.
__________________________________________________

Great general reference for everyone:Federal Rules of Civil Procedure (FRCP).Although generally not directly applicable,most state rules of civil procedure try to remain consistent with the federal rules.And it can help clarify uncertainty.

According to Florida Rules of Civil Procedure,rule 1.080

....by leaving it at the person's usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents.

So it would seem that it might have been properly served.But you may still have the right to motion to quash if the process was unreasonably defective.

Did it contain a full and proper complaint?

Review Florida Rules of civil procedure for more info.

If you do file a motion to quash,the judge will make one of 3 decisions.

1)Your motion is frivolous and the original service date stands.

2)Your motion was made in good faith but you are incorrect so service starts at the time of the ruling.

3)Your motion has merit and will be granted.

One way or another you will probably have to deal with this.And your time to respond is running out.If you don't respond they will get a default judgment.

The Federal rules of civil procedure also use the term "residing"(Rule 4(e)(2)).But that term is open to interpretation.Your father should have refused service.By not objecting,the process server probably effected proper service.I'm sure you're not too thrilled that he accepted service.

Note to everyone:Collectors will get to you any way they can.Friends,family,neighbors and work will all be targeted.So you have to plan your strategy to deal with this.Like,telling them to stay off the phone and not to accept anything.They need to also send cease communications letters.
__________________________________________________

Great general reference for everyone:Federal Rules of Civil Procedure (FRCP).Although generally not directly applicable,most state rules of civil procedure try to remain consistent with the federal rules.And it can help clarify uncertainty.

If you really feel strongly that you were not served properly and want to contest it, file a motion to quash.

You can point out any defects in the process and any reasons your father was not qualified to accept service.If you feel that the law requires that the person receiving service of process has to actually live there, you have the right to argue for that point of view. Cite the law in your motion.

Also, if your father was incompetent in some way and he did not give you the summons, you can cite those as reasons. Maybe he has alzheimer's. Then a judge can decide. Judges are very fair and they will do everything possible to insure that you receive due process.

This could buy you some time. And it might even work. But they would just re-serve you and you would have to deal with it anyway, unless you felt like you could avoid service in the future.

So re-read steve's advice on how to deal with it.

Also for future reference,if you do file the motion to quash, let us know how it works out.

It's great soviet style strategy. Contest everything. You could even debate endlessly over the shape of the negotiating table. They want an ellipse you have to have a perfect "golden" rectangle.

Good luck.

Erick,

This is a good point. Here is how the courts look at it from my past experience.

It goes back to "what a reasonable person would believe". A person in your house without you being present would be assumed to be a resident by a reasonable person.

A visitor would be in your house usually only when you are present, right? I don't leave visitors unattended in my house.

Also any family member could be considered a resident.

I have a separate address, but care for my mother and help with things, etc..If I was here when she was gone and a process server came for her, I could be considered a resident.

It is a gray area, but the FL courts uphold that assumption as I have found out.

It is your choice whether or not you leave anyone in your home when you are not there, and also if that person is to answer the door, phone, etc.. I mean, what are the limits of a guest vs. a resident. When I am a guest at someone's house, I never answer the phone or the door.

See the reasoning here?

Now, if it was served somewhere that was not an established residence or workplace of yours, that would be different. Like if they served you at your Father's house where you do not live. That would be a bad service.

Erick,

This is a good point. Here is how the courts look at it from my past experience.

It goes back to "what a reasonable person would believe". A person in your house without you being present would be assumed to be a resident by a reasonable person.

A visitor would be in your house usually only when you are present, right? I don't leave visitors unattended in my house.

Also any family member could be considered a resident.

I have a separate address, but care for my mother and help with things, etc..If I was here when she was gone and a process server came for her, I could be considered a resident.

It is a gray area, but the FL courts uphold that assumption as I have found out.

It is your choice whether or not you leave anyone in your home when you are not there, and also if that person is to answer the door, phone, etc.. I mean, what are the limits of a guest vs. a resident. When I am a guest at someone's house, I never answer the phone or the door.

See the reasoning here?

Now, if it was served somewhere that was not an established residence or workplace of yours, that would be different. Like if they served you at your Father's house where you do not live. That would be a bad service.

Erick,

This is a good point. Here is how the courts look at it from my past experience.

It goes back to "what a reasonable person would believe". A person in your house without you being present would be assumed to be a resident by a reasonable person.

A visitor would be in your house usually only when you are present, right? I don't leave visitors unattended in my house.

Also any family member could be considered a resident.

I have a separate address, but care for my mother and help with things, etc..If I was here when she was gone and a process server came for her, I could be considered a resident.

It is a gray area, but the FL courts uphold that assumption as I have found out.

It is your choice whether or not you leave anyone in your home when you are not there, and also if that person is to answer the door, phone, etc.. I mean, what are the limits of a guest vs. a resident. When I am a guest at someone's house, I never answer the phone or the door.

See the reasoning here?

Now, if it was served somewhere that was not an established residence or workplace of yours, that would be different. Like if they served you at your Father's house where you do not live. That would be a bad service.

Erick,

This is a good point. Here is how the courts look at it from my past experience.

It goes back to "what a reasonable person would believe". A person in your house without you being present would be assumed to be a resident by a reasonable person.

A visitor would be in your house usually only when you are present, right? I don't leave visitors unattended in my house.

Also any family member could be considered a resident.

I have a separate address, but care for my mother and help with things, etc..If I was here when she was gone and a process server came for her, I could be considered a resident.

It is a gray area, but the FL courts uphold that assumption as I have found out.

It is your choice whether or not you leave anyone in your home when you are not there, and also if that person is to answer the door, phone, etc.. I mean, what are the limits of a guest vs. a resident. When I am a guest at someone's house, I never answer the phone or the door.

See the reasoning here?

Now, if it was served somewhere that was not an established residence or workplace of yours, that would be different. Like if they served you at your Father's house where you do not live. That would be a bad service.

Steve,

You said that any adult present at my residence is able to be served on my behalf. Maybe you can make sense of this statue and provide me your insight on this:

Florida Statue 48.031 (1)(a) states:

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 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.

That word "RESIDING" really caught my attention as my father does not reside at my address. He was merely visiting. Let me know what you think on this and Steve is there anyway I can contact you via email?

Thanks

Thanks Steve and Tom! I really appreciate the advice.

Erick,

Unfortunately according to Florida Law, a summons can be served at your residence to any adult present. It does not have to be served directly to you. I have personally gone down this road.

Don't spend money on an attorney yet. You can still get the case dismissed before it goes anywhere, and you can still use the motion to quash.

At this time, you need to respond to both the court and the plaintiff, an exact copy of your response with an "original" signature {I prefer blue ink as it stands out}is the best way. Send this by certified mail, return reciept requested. Use the certified# little thin label on the letter itself, then make a copy for your records.

In this response, make it short and sweet, right to the point. Use bullet style paragraphs for ease of reading. {Just like I do here on ROR}.

In this letter simply state that you have never heard of, or done business with the Plaintiff and they have made no collections efforts prior to filing the lawsuit. Then mention that the account they mentioned is well past the statute of limitations in Florida which is 5 years which makes the lawsuit frivolous, and therefore should be dismissed. Be sure on the letter you clearly state the name of the Plaintiff and the case# issued by the court.

After making copies of the letters with the certified# and original signatures, send them by regular mail and fax to all available numbers and addresses of the plaintiff and attorney.

This should get it dismissed by the plaintiffs attorney when the court looks at him like the scumbag he is for wasting the courts time and resources and filing a frivolous lawsuit.

Now, by the means above file a bar association complaint on this lawyer right away for unethical behavior and also to the FTC.gov site. Print out copies of each and fax to the lawyer.

I would bet they go away real fast. Also remind them of your intent to countersue for damages, and your time.

Have fun!

File a "Motion to Quash service of process" and give your explanation of why you are asking for this.

But they will just re-serve you. So you may be better off dealing with it now. Read the other collection agency posts for a how to.

And you are probably not going to get any advice from a lawyer here. But I don't know that for sure.

I am not a lawyer.

I have to admit, Steve is pretty good. Especially when people start asking for him by name.