QUESTION

I owe money to the complex where I use to rent an apartment on wich I moved out before the contract expired, can I be arrested for it?

Asked on Aug 17th, 2014 on Collections - Florida
More details to this question:
A collection company called me saying that if I dont pay the remaning balance they will take me to court, but im living in Brazil now, so I wouldnt be able to be notified or even show up in court, could I get arrested when I get back to the states for not have showed up on the court date?
Report Abuse

1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
Update Your Profile
No, you can't be arrested for not showing up for a court date regarding a civil debt (with a few unlikely exceptions).  Furthermore, if you are in Brazil, it isfairly unlikely that they will even bother filing a lawsuit against you.   (1) When someone is sued, the creditor must have the initial papers (Summons and Complaint) served upon the debtor.  In Florida state courts, this cannot be done by mail unless you consent.  Most of the time, someone needs to physically deliver the papers into your hand or leave them  with a person who lives with you.  The creditor CAN have you "served" by in another country or by publishing a notice in the newspaper -- but creditors rarely bother with that procedure for a collections case, especially if the amount is fairly small (under $15,000).   (2) Even if you were served and you did not defend yourself, the only result would be a default judgment against you.  This means that the Court officially recognizes that you owe the debt, and allows the creditor to take certain steps to try to force you to pay.  These steps include garnishment and levy -- which are very expensive and unlikely if you are in Brazil.   (3) filing a lawsuit against you costs money, and if you are in Brazil, the creditor knows that it is unlikely to get paid -- which makes it unlikely that the creditor will even bother to file a law suit against you. (4) The only way you can get arrested is if you are actually served with a subpoena or court order, which you ignore, and then you are served with an "Order for Contempt" which you also ignore.  Service by publication and even service in another country will not  work for these. 
Answered on Aug 22nd, 2014 at 3:22 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters