Why would I receive papers for a civil lawsuit that are not signed or filed by the court?
Full Question:
I am the defendant in a civil action brought by my boyfriend for whom I ran his excavating business for ten years. I had power of attorney and was the sole beneficiary of his will. In June 2003, when I refused to marry him, he accused me of many things and was going to prosecute. The prosecutor said he had 30 days to file the charges or they could never be filed again. He dropped it all and now four years later has filed a civil action citing criminal statutes: forgery, theft and fraud.
I am a cancer survivor with COPD - hospitalized several times in the last three years for congestive heart failure. I collect $408 per month SSI, only working one day a week for $80. The only asset I have is a 1999 Ford that was a gift from a family member last June.Therefore, I cannot afford an attorney.
In fact I answered the Complaint myself, denying almost all of the 14 Counts totalling 103 questions.
I have a few questions: Can he still or additionally file criminal charges and am I in jeopardy of being incarcerated? If I do not answer the interrogatories, admissions and production of documents will it be a default judgment? Interestingly, these papers were neither signed nor filed with the court and were not sent certified. Are they valid?
05/08/2007 |
Category: Courts ยป Pleadings |
State: Florida |
#4188
Answer:
By filing an answer to the complaint, you have entered an appearance in the case.
The typical penalties for failure to answer discovery are contempt, sanctions, and/or fines. I suggest calling the clerk of courts to verify whether the original papers were filed and the local rules for service. Many local rules allow service by ordinary mail.