A process server went to my ex’s place about a month ago trying to serve me for a small claims case from Capital One. This is in Florida, but I live in Maryland now. I haven’t been officially served, but I checked the Pasco County court system and there’s already a court date set.
Do I need to show up if I haven’t been served yet? I really don’t want to fly to Florida for this. I already wrote to the judge asking if I can do a Zoom hearing, but I haven’t heard back yet. Any advice?
I’ve seen this happen before. Call the attorney listed on the paperwork and tell them you’re no longer in Florida. You’ll need to prove it—usually by sending a copy of your driver’s license. If they can’t serve you in Florida, they might drop the case there and send it back to Capital One.
The bad news is, they’ll likely refile in your state and you’ll get sued again, just closer to home.
@Rowan
I already talked to the law office and gave them my Maryland address. They said they’re based in Kentucky and weren’t sure if they could serve me in Maryland. I still have my Florida driver’s license though… does that change anything? I also called the Florida small claims court and they told me I don’t need to show up if I haven’t been served.
@Logan
That’s correct. If they haven’t officially served you, you’re not legally required to show up.
But heads up—when did you move? You were supposed to change your license within 30 days.
Rowan said:
@Logan
That’s correct. If they haven’t officially served you, you’re not legally required to show up.
But heads up—when did you move? You were supposed to change your license within 30 days.
Well… that’s news to me. I’m definitely past 30 days. Guess I better take care of that ASAP!
@Logan
Yeah, I’d sort that out soon. Do you have any bills with your Maryland address on them?
Rowan said:
@Logan
Yeah, I’d sort that out soon. Do you have any bills with your Maryland address on them?
Yep. Guess I’ll make a DMV appointment and finally get this done.
You’re lucky you even found out. Discover sued me and never notified me. I only found out when my employer told me my wages were getting garnished. Wrecked my finances and I lost my condo to foreclosure. Try to call Capital One and set up a payment plan before it gets to that point.
@Palmer
That’s rough… sorry you had to go through that.
Honestly, I’m really stressed about this.
Logan said:
Honestly, I’m really stressed about this.
How much do you owe?
Cody said:
Logan said:
Honestly, I’m really stressed about this.
How much do you owe?
$7,400
Listen, this sucks, but it’s not the end of the world. You can get ahead of it. Here’s what I’d do:
Hope this helps. You got this.
@Cody
I already have a debt consolidation company working on my other accounts. They’re trying to negotiate this one before the court date. If they can’t, I might just pay it off to be done with it, but that would wipe out my savings. Trying to see what my options are first.
$7,400
Logan said:
$7,400
Man, chill. I owe like $24k and I’m still here. Just make a plan and handle it.
Appreciate all the advice from everyone.
Any reason you haven’t called Capital One directly? I’ve heard they’re willing to work with people. If you close the account, they might lower the interest rate.
I’m in a similar boat—owe about $8k. Paid a few thousand down but it took forever. Now I’m debating whether to negotiate directly or go through a debt counseling service.