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    #1

    Question about Court Info

    During Novemeber Asset Assurance tried to serve me with a summons for a January 12, 2011 court date to appear in Small Claims Court in the county where my parents live in West FL. I have never lived there, but my father and I share the same name so they tried serving him on accident. On 12/6 the online court file says "Summons Returned Not Served". I never answered or responded and just figured they would get a default judgement come the 12th. I checked the online court file again after the court date and it says...

    " 1/12/11 - Court Worksheet - Continue - Striken Pending Service".

    My question is, What does that mean exactly? I plan on filing bankruptcy, but probably wont be able to file for a couple months. What do you think I should do? I do not live in that county much less that state anymore. I live on the road working from town to town...
    Tags: None
    #2
    Not an expert, but it looks like the judge continued the case because you weren't served. I'm not sure what happens when they can't find you to server the papers.
    Filed Ch 13 10/7/10
    341 11/5/10
    Confirmation 12/15/10

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      #3
      Would that mean that I can submit an answer to try and extend and fight the claim until I am able to file BK?

      Comment

        #4
        Originally posted by AFISurfer View Post
        Would that mean that I can submit an answer to try and extend and fight the claim until I am able to file BK?
        If you have not been served, you have no summons & and therefore no lawsuit. I would view it as not having any knowledge of anything. Why would you want to submit an answer to something you have no knowledge of ?

        Comment

          #5
          They have not been able to serve you.

          Just personally, I would do nothing to upset this apple cart. Don't submit an answer as that indicates to the court you have knowledge of a complaint against you. Just do nothing. Chill out - have a Coke.

          Comment

            #6
            Yeah, it looks like they can't find you yet.

            Don't make it easy for them.

            Don't ring the dinner bell for them.
            The world's simplest C & D Letter:
            "I demand that you cease and desist from any communication with me."
            Notice that I never actually mention or acknowledge the debt in my letter.

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