Legal Question in Credit and Debt Law in Florida

This is the case filed in Florida small claims court. Since there was more than 6 months between the original pre-trial conference and the request for alias summons-would this case be eligible for dismissal?

OTHER EVENTS AND HEARINGS

02/07/2013 SMALL CLAIMS PRE-TRIAL (10:30 AM) (Judicial Officer SMALL CLAIMS JUDGE, SOUTH)

01/23/2013 NOTICE RETURNED SERVED

01/08/2013 ALIAS NOTICE/STMT OF CLAIM-DEFT/

PROCESS SERVER/JJL

01/08/2013 ALIAS NOTICE TO PLTF/PLTF ATTY

01/02/2013 NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILE

01/02/2013 DESIGNATION OF E-MAIL ADDRESS(ES)

Party: ROSEN, JOSEPH F, ESQ

01/02/2013 REQUEST FOR ALIAS SUMMONS

05/31/2012 PRE-TRIAL (9:30 AM) (Judicial Officer JAGGER, EDWIN)

05/07/2012 NO SERVICE LETTER MAILED

Comment: NO SERVICE LETTER MAILED-PRETRIAL CANCELLED; VER: F; K

05/04/2012 NOTICE RETURNED NOT SERVED

Comment: NOTICE RETURNED NOT SERVED DANIEL A JETT; VER: F; K

04/25/2012 NOTICE/STMT OF CLAIM-DEFT/

Comment: NOTICE/STMT OF CLAIM-DEFT/PROCESS SERVER/JJL; VER: N; K

04/25/2012 NOTICE TO PLTF/PLTF ATTY

Comment: NOTICE TO PLTF/PLTF ATTY; VER: N; K

04/25/2012 PRE-TRIAL HEARING SET

Comment: PRE-TRIAL HRG SET: 053112 09:30A HON WALTER FULLERTON; VER: F; K

04/24/2012 Summons - Fee Paid $

Comment: SUMMONS FEE PAID $10.00; VER: N; P

04/24/2012 Small Claims Filing - Fee Paid

Comment: SMALL CLAIMS FILING FEE PAID $175.00; VER: N; P

04/20/2012 STATEMENT OF CLAIM

Comment: STATEMENT OF CLAIM; VER: F; P

04/20/2012 THIS CASE ASSIGNED BY CLERK TO SECTION

Comment: THIS CASE ASSIGNED BY CLERK TO SECTION SPC BY 3030 - RANDOM SC; VER: N; P

04/20/2012 CASE FILED


Asked on 1/26/13, 5:57 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

No - if after diligent search the parties can not be served, then the Plaintiff will file a notice of action in the newspaper in the county of the last know address of the Defendant. If the Defendant does not appear then the Defendant's case will automatically go into default and a judgment will be issued. I suggest you accept service of the document and/or contact the attorney for the Plaintiff and have the papers delivered to you. Attend the pre trial hearing and ask for mediation of the debt - if I can be of assistance, please contact my office for an appointment.

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Answered on 1/26/13, 6:03 am


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