I have been living in Thailand for the past three years. My mail is being delivered to my cousins address in Green Cove Springs, Florida. Last week my cousin advised me that the Sheriff's Department served him with a subpoena ( in my name ) telling him to give the subpoena to me. He advised the officer that I did not live there that I was living in Thailand. At that point my cousin emailed the subpoena to me. I called the court and spoke to the JA Brandy Sipkovsky who advised me to fax a letter asking for a " motion to appear by phone " and I did fax that letter. She had also advised me to call back the rolling day to see if the judge had granted my request. I called back and Brandy advised that the judge had granted my request. She told me to fax any documentation to support my case and I did. When I called Brandy back she said her office had received my second fax and my trial date was set for May 13,2014 at 1:30 PM EST.
I am not a resident of Florida, I owned a home in Virginia for 10 years and sold that home in 2010 so I could travel and now living in Thailand. I am also registered to vote in Virginia.When I faxed my documentation to the judge I also told him I was living in Thailand and was not a resident of Florida and I also faxed a copy of my Thai drivers license.
I know this judge does not have jurisdiction over this case.
Any advise is appreciated,
P. J. Tomes P. S. This case is a small civil case and the judge's name is Towns.
1 Answer from Attorneys
It sounds like a Summons and not a subpoena. If there is a complaint attached, you really need to get the documents to a attorney to review. Don't rely on your assessment that he has no jurisdiction, that conclusion may be in error. Your participation and asking for the "appearance" by phone may have subjected yourself to the Court's jurisdiction. Hire an attorney