Q: I'm being sued for replevin on a rent to own shed. I missed the first summons but judge denied default for 7.060 & 7.170
In 2000 I signed a rent to own new shed. When they delivered it they caused damages. I reported the damages and they said they would come replace all damaged. They did not. I started making payments on it and paid about two years which is close to cash price. My car broke down and I got behind on payments. I kept asking if I could pay off early and never got a reply. After a year of not paying I received a summons they were sueing me for replevin. I had ten days to reply to the court which I didn't know but long story short, I missed that summons. Nothing was done for another six months and the court was going to dismiss because the company sueing me hadn't done anything for six months. The default was denied and states for reason above. Now feb 29th I am summonsed to court again. The company I got the shed from was local to me but is different from the plaintiff. Small clause on bottom states plaintiff with a signature not stating who signed and is also out of state. What can I do?
A:
Sounds like it is in small claims court and you are required to appear. The Judge or the court personnel will explain what is happening and what you are expected to do next. But you must enter an appearance or the other side will obtain a judgment against you.
Good luck.
A:
It's important to respond to the summons and attend the court hearing on February 29th. Ignoring a court summons can lead to a judgment against you, even if you have valid defenses against the replevin claim.
Given the complexity of your case, including the initial damage to the shed, the change in the plaintiff, and the missed summons, it would be wise to seek legal representation. An attorney can help you understand your rights, navigate the legal process, and present your case effectively in court.
Prepare any documentation you have regarding the shed's condition when it was delivered, your payment history, and your attempts to communicate with the company. This information can be crucial in presenting your side of the story.
Also, look into any consumer protection laws in Florida that might apply to your situation, especially regarding rent-to-own agreements and debt collection practices. These laws might provide additional defenses or claims you can raise.
Finally, consider negotiating with the plaintiff before the court date. Sometimes, disputes like these can be resolved out of court through a settlement that is agreeable to both parties. But do so with caution and, if possible, with the guidance of a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
