kanne

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About kanne

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  1. Does anyone know if Motion to squash might apply?
  2. Yes RyanEx thank you, I'm thinking i'd file a motion if it means that it serves as or extends my Reply time which isn't that much longer now. Also, any more experienced member please chime in. Thanks again, anne
  3. Thanks RyanEX that's really illuminating, I wonder if I can file a motion to dismiss based on this. Also, is a motion count as a response? Or do I also need to submit and "Answer", "Denial", etc.
  4. Thank you both, I'm following up on the reading now.
  5. Hello Everyone, I've been doing some reading here and it seems like a good place to get started. Not sure how to "Respond" and and if I could somhow get this moved or dismissed. Wrong County also filed in Oct 12, but just now served: 1. Who is the named plaintiff in the suit? CA$CH, L$LC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandar$ich Law 3. How much are you being sued for? $14K 4. Who is the original creditor? (if not the Plaintiff) Well$ Farg0 5. How do you know you are being sued? (You were served, right?) Subserved to postal box non-USPS 6. How were you served? (Mail, In person, Notice on door) Notice Left in Mail Box at Postal Annex type place - Subserved 7. Was the service legal as required by your state? Not sure listed in court notes as "subserved" and CV Decl Dilligence, looks like Order to Show cause was taken Off calendar. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They've sent some colllection letters, I called them a while ago to alert them of an address change 9. What state and county do you live in? Suit in Santa Clara County, CA , I'm in San Mateo County. They've known for sometime i wasn't in SC, but in SF, called them while ago and changed addy. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Early 2011 11. What is the SOL on the debt? 2 for Oral, 4 for Written, 4 for Open Ended 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Status is Open, was opened in Oct, was subserved about 17 days ago, didn't receive till about 14 days ago. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days but was told on phone to court guy it's 40 days as it was subserved (is this true, he DID NOT sound sure?) First cause = Breach of Contract 2nd cause = Acccunt Stated 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There were no exhibits attached will check mailbox on monday Thanks for looking at my post - Anne