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Filing # 174445754 E-Filed 06/02/2023 05:09:09 AM
Court Stamp Here
NON-SERVICE RETURN
Court
IN THE COUNTY COURT IN AND FOR DUVAL COUNTY, FLORIDA
Plaintiff Case #
Midland Credit Management Inc. 16-2022-SC-025252-XXXX-
MA
Defendant Hearing Date/Time
EUGENE LEVESQUE
06/08/2023 1:30 PM
Person to be Served Came to Hand Date/Time
EUGENE LEVESQUE
5/19/2023 10:22 PM
Reason Unable to Serve Non-Service Date/Time
Moved
05/20/2023 3:06 PM
Documents Service Fee
Complaint;Exhibits;Notice To Appear For Pre-Trial Conference
$54.25
After due search, careful inquiry and diligent attempts at: 1465 WINDLE ST, JACKSONVILLE, Duval County, FL 32209.
I have been unable to effect service of process upon EUGENE LEVESQUE for the following reasons:
5/20/2023 3:06 PM: I spoke with an individual who identified themselves as the resident and they stated subject
moved. I spoke with a neighbor who says not resident. Bad address per resident states subject does not reside;
vehicle in driveway FL EGCA08;
Notary not required pursuant to F.S. 92.525(2).
I am over 18 years of age, not a party to nor interested in this case and I have the proper authority in the jurisdiction where I effected
service, pursuant to Florida Statute Chapter 48. Per 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct.
{{t:s;r:y;o:"Signer";w:200;h:32;}}
823 05/20/2023
{{t:t;r:y;o:"Signer";l:"Date";w:106;h:10;v:"13435fa6c2a17f83177fcbb5c4a9376ce85befeb";}}
Gregory Dimain Process Server ID Date Executed
Ref 22-127905 Tracking # 0106957512
Midland Funding LLC
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/02/2023 10:57:26 AM
AMERICANS WITH DISABILITY ACT (ADA) NOTICE IN THE COUNTY COURT, IN AND
INDIVIDUALS WITH DISABILITIES NEEDING A REASONABLE
FOR DUVAL COUNTY, FLORIDA
ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING
SHOULD CONTACT THE COURT ADMINISTRATORS OFFICE, AS
SOON AS POSSIBLE. TELEPHONE: (904) 255-1695; OR, IF CASE NO.: 16-2022-SC-025252-XXXX-MA
HEARING IMPAIRED. I-800-955-8771 (TDD); OR 1-800-955-8770 DIVISION: CC-B (CIVIL)
(V), VIA FLORIDA RELAY SERVICE.
MIDLAND CREDIT MANAGEMENT, INC.
PLAINTIFF(S)
VS.
EUGENE LEVESQUE
DEFENDANT(S)
ALIAS SUMMONS / NOTICE TO APPEAR FOR PRETRIAL CONFERENCE/MEDIATION
STATE OF FLORIDA - NOTICE TO PLAINTIFF(S) AND DEFENDANT(S)
EUGENE LEVESQUE,
400 W ASHLEY ST
JACKSONVILLE, FL 32202-4121
YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at: 501 WEST
ADAMS STREET, 2379 JURY ASSEMBLY ROOM, 2ND FLOOR, JACKSONVILLE FL, 32202
ON JUNE 8, 2023 AT 1:30 PM.
IMPORTANT - READ CAREFULLY
THIS CASE WILL NOT BE TRIED AT THE PRETRIAL CONFERENCE,
BUT MAY BE MEDIATED AT THAT TIME.
DO NOT BRING WITNESSES. YOU MUST APPEAR IN PERSON OR BY ATTORNEY.
WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR ALL AMOUNTS FROM ZERO
TO THE AMOUNT OF THE CLAIM WITHOUT FURTHER CONSULTATION. FAILURE TO COMPLY MAY RESULT IN
THE IMPOSITION OF SANCTIONS INCLUDING COSTS, ATTORNEYS FEES, ENTRY OF JUDGMENT, OR DISMISSAL.
THE DEFENDANT(S) must appear in the court on the date specified in order to avoid a default judgment. THE PLAINTIFF(S) must
appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) of
defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION.
The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in
writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference/Mediation.
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to
determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney
should be prepared to confer with the court and explain briefly the nature of your dispute, state what efforts have been made to settle the
dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will
require no proof and will expedite the trial, and estimate how long it will take to try the case.
Mediation
Mediation may take place during the time scheduled for the pretrial conference. Mediation is a process whereby an impartial and neutral
third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing
what the resolution should be. It is informal and non adversarial processes with the objective of helping the disputing parties reach a
mutually acceptable and voluntary agreement.
In mediation, decision making rests with the parties. Negotiations in the county court mediation are primarily conducted by the parties.
Counsel for each party may participate. However, presence of counsel is not required. If a full agreement is not reached at mediation, the
remaining issues of the case will be set for trial. Mediation communications are confidential and privileged except where disclosures are
required or permitted by law.
If you admit the claim, but desire additional time to pay, you must come and state the circumstances. The court may or may not approve a
payment plan and may withhold judgment or execution or levy.
RIGHT TO VENUE. The law gives the person or company who has sued you the right to file in any one of several places as listed
below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to request
the case be moved to a proper location or venue.
A proper location or venue may be one of the following:
(1) where the contract was entered into;
(2) if the suit is on an unsecured promissory note, where the note is signed or where the maker resides;
(3) if the suit is to recovery property or to foreclose a lien, where the property is located;
(4) where the event giving rise to the suit occurred;
(5) where any one or more of the defendants sued reside;
(6) any location agreed to in contract;
(7) in an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.
If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally
request a transfer, or you must file a WRITTEN request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your
first court date and send a copy to the plaintiff(s) or plaintiff(s) attorney, if any.
A copy of the statement of claim shall be served with this summons.
DATED AT Jacksonville, Florida on this 25th day of April, A.D. 2023
CORPORATIONS:
ANY PERSON APPEARING FOR A CORPORATION SHALL JODY PHILLIPS
BE AN OFFICER OR EMPLOYEE AND SHALL BRING AN CLERK OF THE COUNTY COURT
AFFIDAVIT FOR THAT PARTY TO APPEAR CIVIL DIVISION
IN ITS BEHALF Rm.1054 Duval County Courthouse
501 West Adams Street
Jacksonville, Florida 32202
(904) 255-2000
This is a True and Correct Seal
BY:
Deputy Clerk
IF YOU DESIRE TO FILE A COUNTERCLAIM OR SET-OFF TO PLAINTIFF'S CLAIM, IT MAY BE FILED IN THIS COURT BY
YOU OR YOUR ATTORNEY, IN WRITING, NOT LESS THAN (5) DAYS BEFORE THE APPEARANCE DATE.
ELECTRONICALLY GENERATED DOCUMENT 25th of April, 2023