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    ldjackson58's Avatar
    ldjackson58 Posts: 1, Reputation: 1
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    #1

    Mar 1, 2010, 11:00 AM
    Sued without notification.
    I'm being sued by an attorney representing FSA Card Services in MD; however I never received a complaint or summons. I became aware of the suit because law firms being contacting me to secure representation. I looked up the case on the courts database. What are my options in court. Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 1, 2010, 11:09 AM

    You could let this proceed to a Judgment against you (which is the WORST way you could proceed) and then have the Judgment set aside because you have not been served OR you could notify the Court that you have not been served - in writing, delivery receipt requested.

    I am not certain how service has to be completed in MD but in NY the case is often put on the calendar and THEN the Summons is served.

    If it's a large amount I would suggest an Attorney. Small Claims is relatively user friendly IF you have a defense. Superior Courts are not.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Mar 2, 2010, 08:32 AM
    Quote Originally Posted by ldjackson58 View Post
    I'm being sued by an attorney representing FSA Card Services in MD; however I never received a complaint or summons. I became aware of the suit because law firms being contacting me to secure representation. I looked up the case on the courts database. What are my options in court. Thanks
    As Judy pointed out, the hearing is usually scheduled prior to the summons being served. When is the hearing scheduled for?

    I also find it odd that law firms have been contacting you, attempting to get you to hire them. I've never heard of such a thing, but maybe that's how it works in Maryland.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 2, 2010, 03:04 PM

    The way it is supposed to work is that
    A) the case is filed and then
    B) you are served with process. My guess is that these law firms are contacting you after Step A and before Step B.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 2, 2010, 03:05 PM
    Darn double post! :)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 2, 2010, 05:19 PM

    Yes, law firms have people who watch for court filings, they want to get to you before you hire anyone else, and often before you know you were being sued.

    At this point you decide to fight it, hire an attoreny, or merely let them win

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