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ImproperlyServed

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    San Diego, CA

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  1. This is welcome news for sure. I'd be surprised if they could argue an exemption when I lived at the same address during the time they could've legally served me... and I hold a security clearance. I should be, by definition, easy to look up in government databases. I hope anyone else that is in a similar circumstance finds this thread. I talked to numerous lawyers during "free consultations" that insisted that them serving me after 3 years "wasn't a big deal."
  2. @kraftykrab I didn't know about this. Looking over CRC 3.740, there's no language in it that exempts it from CCP 583.210's 3 year service limit. I think the proof of service part is amended to be 180 days because of its exemptions to CRC 3.110; other than that it sounds like this is a done deal. I was living at the same address for the duration of the 3 years from filing... I've been living in San Diego county for more than 7 years... so there's no way in hell they could ever get an exemption to it. Thank you for showing this to me. @BV80 I've read CRC 3.740 about a million times over the last couple of days. From what I can tell, they must serve me and have proof of service filed within 180 days of filing the complaint. Whether that results in sanctions or dismissal is discretionary. Everything after that comes into play after proof of service has been filed. However, I'm not seeing anything in CRC 3.740 that means it would be exempt from being dismissed by CCP 583.210 because of missing the 3 year time limit. I wonder if they can even file a proof of service without the case being dismissed by the court.
  3. Hi all, I've lurked as hard as I could and I'm still puzzled about my situation. I'm located in San Diego, California. I was served on 4/10/2017 through substitute service (although the summons says 4/11/2017). I did receive a mailed copy a few days later. They never attempted to serve before this. This was a summons regarding a case filed in 12/31/2013. So they took roughly 3 years and 4 months to serve me. No proof of service has been filed yet. The case type is Rule 3.740 Collections. The clock on the debt started in 1/02/2010 (within the SOL by 2 days). I bring this up because according to CRC 3.740: How can a proof of service be submitted more than 3 years after the case was filed? There's no request for alternative service methods that would've warranted them the ability to push out the deadline to 360 days... which would've still been violated. Can they still pursue this case if the stipulation in CRC 3.740 restricts them explicitly? Also, if they never file a proof of a service; and they're just trying to harass me, is me requesting a dismissal or filing an answer (where I generally deny everything) going to allow them leeway against never filing proof of service within the 180 days? They're also asking for 10% per anum on the principal amount, so allowing them 3 years to finally serve me lets them add 3 years of interest. Here's the register of actions for clarity: Case Number: ----------------------- Date Filed: 12/31/2013 Case Title: Persolve LLC vs. ---- [IMAGED] Case Status: Pending Case Category: Civil - Limited Location: Central Case Type: Rule 3.740 Collections Judicial Officer: Case Age: 1202 days Department: C-07 Future Events No future events Register of Actions 08/03/2014 Case reassigned from C-06 to C-07 effective 08/03/2014. 01/02/2014 Case initiation form printed. Notice of Case Assignment - Limited Collections SD 01/02/2014 Case initiation form printed. Notice of Case Assignment - Limited Collections SD 01/02/2014 Case initiation form printed. Notice of Case Assignment - Limited Collections SD 12/31/2013 Case assigned to Department C-06. 01/02/2014 Summons issued. 12/31/2013 Original Summons filed by Persolve LLC. 12/31/2013 Civil Case Cover Sheet filed by Persolve LLC. 12/31/2013 Complaint Demanding Less than $10,000 filed by Persolve LLC. Thanks
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