Midland Funding / Pollack & Rosen, P.A. Improper serving of papers? Coral Gables Florida
I am hoping that someone can help me. I have read a few threads on Midland Funding and Motion's to Quash, but haven't found anything that fits my scenario.
I believe that I was improperly served. I currently live in MD and have been here for 3 years. I used to live in FL. When I moved here, I did everything I was supposed to, filled out change of address forms, registered my car in MD, and got my MD drivers license. I have a copy of my first lease from here that shows the date that I became a MD state resident.
Almost 4 years ago, I had to live with my mom for about 4 months. She is still living at the same residence as she was when I lived there. A week or so ago, some lady came and pounded on the door. Eventually, mostly out of irritation, she answered the door. The lady asked for me, but my mom said I didn't live there, which is 100% true, and shut the door.
The lady left a packet of paper on the porch and left. Now, of course, my mom picked it up and opened it, I think anyone would have. My questions are, was this done correctly and what should I do?
Yes, my mom was served with my papers, but to a place that I have not lived in several years. I have heard that if someone answers the door at my residence a reasonable person would believe that they live there and could be handed the papers. And she was not actually handed the papers even after stating that I did not live there.
I have never received a letter of any kind from this company to my residence in MD and have never heard of this company.
My mom is willing to help me with whatever needs to happen. Is there something that she can do? There is a phone number to some "lawyers office" on the summons. Should she call them and deny that she knows where I am? Should I file motions with court? I know she is my mother, but how can a company assume that she keeps in contact with me?
Any help or information would be great. Thanks in advance.
Lg
Germantown, Maryland
U.S.A.
6 Updates & Rebuttals
J G Shrugged
Austin,Texas,
U.S.A.
Talk to an attorney in FL.
#7Consumer Suggestion
Wed, July 23, 2008
I'm not an attorney so I can't give you legal advice. I'm just going off my experiences with the court system and lawyers in general.
Lg
Germantown,Maryland,
U.S.A.
What Now?
#7Author of original report
Wed, July 23, 2008
I definitely do not want to purger myself. I don't know that I can afford a lawyer. What kind of motions should I file? Should I just go for change of jurisdiction, so they sue me in Maryland, or should I go for a Quash since they improperly served me? Or should I go for dismissal, since I have never heard of this company and never recieved anything in the mail from them?
Thanks again.
J G Shrugged
Austin,Texas,
U.S.A.
While you were improperly served, the fact still remains that...
#7Consumer Comment
Tue, July 22, 2008
You are aware of this lawsuit, so you would have to perjure yourself to state that you had no knowledge.
You should contact a local attorney (in FL)to respond with an improper jurisdiction request (more than likely) as they need to sue you in MD (probably). If you don't respond timely they will get a judgment, and it's going to be hard to claim in court that you didn't know about the lawsuit.
J G Shrugged
Austin,Texas,
U.S.A.
While you were improperly served, the fact still remains that...
#7Consumer Comment
Tue, July 22, 2008
You are aware of this lawsuit, so you would have to perjure yourself to state that you had no knowledge.
You should contact a local attorney (in FL)to respond with an improper jurisdiction request (more than likely) as they need to sue you in MD (probably). If you don't respond timely they will get a judgment, and it's going to be hard to claim in court that you didn't know about the lawsuit.
J G Shrugged
Austin,Texas,
U.S.A.
While you were improperly served, the fact still remains that...
#7Consumer Comment
Tue, July 22, 2008
You are aware of this lawsuit, so you would have to perjure yourself to state that you had no knowledge.
You should contact a local attorney (in FL)to respond with an improper jurisdiction request (more than likely) as they need to sue you in MD (probably). If you don't respond timely they will get a judgment, and it's going to be hard to claim in court that you didn't know about the lawsuit.
J G Shrugged
Austin,Texas,
U.S.A.
While you were improperly served, the fact still remains that...
#7Consumer Comment
Tue, July 22, 2008
You are aware of this lawsuit, so you would have to perjure yourself to state that you had no knowledge.
You should contact a local attorney (in FL)to respond with an improper jurisdiction request (more than likely) as they need to sue you in MD (probably). If you don't respond timely they will get a judgment, and it's going to be hard to claim in court that you didn't know about the lawsuit.