[Rcac101]

On 5-22-12 a small claims case was filed against me. I discovered this by running my name. I have not been served do I have grounds for dismissal

[JudyKayTee]

What was the outcome of the case?

You would have to file an appeal with the Court Clerk in most cases. The Court Clerk will provide you with the info furnished to the Court re: service - and then you know what you are disputing.

Was it your debt?

If you get it set aside and appear is there still going to be a Judgment against you, or do you have a good defense?

What State?

[Rcac101]

Florida for 5k no action taken by plaintiff for over a year now

[JudyKayTee]

Check with the Court Clerk - the action might be "dead" because there's been no action.

And if you get service set aside and bring this to the attention of the Plaintiff and he/she sues a second time, is it your debt and do you have a defense?

[Rcac101]

No, not my debt,and no I don't have a lawyer yet. This is his way of harassing me how do I get it to stop or do I leave just leave it pending

[Rcac101]

How do I find out if action is "dead"

[JudyKayTee]

You don't need an Attorney for a Small Claims action.

Only you know the purpose - if it's harassment, do you want to give the person the satisfaction of responding?

I would file a response - if you do not the Plaintiff could get a default Judgment against you IF the case is still listed as open.

[ScottGem]

You may not have gotten a summons because no summons was ever requested or issued. But you can ask that the case be dismissed or otherwise removed, since the plaintiff has taken no action on it.

A lot depends on the rules for your local Small Claims court, so you need to inquire with the court clerk.