I was served today for an unlawful detainer from the year 2000. I never lived at the address that they say I lived at. As a matter of fact I was staying in Miami, Fl at the time. How do I fight this? Isn't it a statue of limitation to sue someone?
The statute of limitations is a defense to a lawsuit. 18 years is well beyond the time allowed to sue for an unlawful detainer. You should be able to get this dropped with a call or letter to the lawyer who filed this case. Frankly it is surprising a lawyer would file this. If it was done in pro per then you may need a lawyer to help you fix it as some in pro per plaintiffs do not understand the law.
Please consult or retain a lawyer for your particular issue.
It cannot be known for certain what is going on here without reading the complaint and interviewing you. That said, you should consider contacting the attorney whose name appears on the summons and complaint, explaining the situation to them (that you never lived at the subject property, being in Miami, etc.). If unsuccessful, and it is difficult to understand why the case is being brought now unless the tenant/defendant first came into possession of the property in 2000 and has lived there all this time, then you may have to file an answer to the UD complaint (repeating that you have never lived there) and eventually explain the circumstances to the judge. Try contacting the attorney. But do so ASAP. You only have 5 days to answer the complaint from date of service.
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