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Summons/ Notice to appear for pretrial conference.
Anonymous1 views3 answers
This morning (1/19/11) a process server came to deliver a summons/ notice to appear for pretrial conference. We didn't sign for it. It is dated and signed on 1/3/11. I don't see anything telling me to resp in 20 days, just tells me I have to appear for a pretrial conference on 1/31/11. The docs I received include the summons/notice to appear, then a copy of the complaint w/out any dates and some copies of old invoices from about 2 yrs ago. I am so lost. I have no idea what I need to do.. Do I still respond to it? I don't even know where I should deliver the response. Please help! Thank you!
Even though you did not sign for it, the process server's delivery of the documents to you may count as valid service (assuming they personally handed it to you or followed other appropriate procedures). Don't ignore those papers - you will likely end up with a default judgment being entered against you, which means you lose without a trial. (Click on the links below for more information about that.) If the summons does not state that you need to respond in 20 days, then it may be a summons from the small claims court; unlike other Florida courts, small claims does not require a written answer be filed within 20 days, but does require the personal appearance of either you or your attorney. Please see a lawyer right away, preferably an attorney who is a member of the National Association of Consumer Advocates. Good luck!
Taras
Taras S. Rudnitsky, Esq.
Rudnitsky Law Firm
Lake Mary, FL
1-888-834-5297
Fax me the papers to 1-800-613-2585. Then let's talk by phone. Call my Orlando office (407) 425-9700. I'll try to point you in the right direction.
MARK S. GURALNICK, ESQ.
This sounds like a summons for a civil case. Even if you didn't sign for it you should still appear to the pretrial conference. Failure to appear to the pretrial conference in a civil case could result in a default judgment being entered against you. This means you would lose. If you are confused, and it sounds like you are, you should consult an attorney. An attorney can determine what, if any, the response should include. It also sounds like you don't want to wait too long before doing this. Good luck!