grateful lady

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Everything posted by grateful lady

  1. no not yet, it was served to me, on oct 24th for my husband and then they sent a copy of it in the mail. so we have ten extra days that makes Monday. I wanted to find something about the blankness of this summons. and I did much to my surprise. ccp 412.30 I know it is last minute on an answer but it looks like they are not be able to get a default judgement anyway.
  2. Code of Civil Procedure - CCP 412.30. In an action against a corporation or an unincorporated association (including a partnership), the copy of the summons that is served shall contain a notice stating in substance: β€œTo the person served:  You are hereby served in the within action (or special proceeding) on behalf of (here state the name of the corporation or the unincorporated association) as a person upon whom a copy of the summons and of the complaint may be delivered to effect service on said party under the provisions of (here state appropriate provisions of Chapter 4 (commencing with Section 413.10) of the Code of Civil Procedure).” If service is also made on such person as an individual, the notice shall also indicate that service is being made on such person as an individual as well as on behalf of the corporation or the unincorporated association. If such notice does not appear on the copy of the summons served, no default may be taken against such corporation or unincorporated association or against such person individually, as the case may be. πŸ‘οΈ((I was handed the summons it is for my husband. I -we have until Monday. )) I just found this, stating that if the summons does not indicate that service is made on such a person as an individual as well as on behalf of corporation no default may be taken...My question would be as to my next move, such notice does not appear on my copy of this summons?.....
  3. Being sued by Midland in California, and the summons was not completed. (In the section that states NOTICE TO THE PERSON BEING SERVED: You are served as.....there is not anything marked. I pulled the proof of service of summons and the server checked the box: as an individual defendant. under penalty of perjury no doubt I am wondering if this is significant? if so what can I do about it? I have searched everywhere about 'the process of service' but to no avail. thank you for any help.
  4. I have more than half. and I can be trained. however I just noticed that one of the forms in my summons is dated 4/6 a full day later than the date that it is date filed 4/5. also the signed original that has the seal is not marked X where is says you are served as an individual defendant. I found them on the courts site.
  5. So funny, but too true. Thank you for making me smile. I have had a couple of rough days. Still need to file my answer. Just realized I had the wrong form.....this court stuff sucks.
  6. Thank you both for your reply's. So I don't have a leg to stand on? I was thinking that there would be something I could dispute, maybe about the their claim being common cause (which is verbal) and stating that I had an open book account, along with a written contract between the two of us? Curious do either of you think they have every signed contract?
  7. Am lost in law, but oh so thankful to have found this forum. I have been searching for near a month trying to figure out what to do, none of it made any sense. Then I found this oasis; whew I there's a light at the end of the tunnel after all. I've read around the forum and found the questions needed for any insights (I have added questions of mine about areas of the papers) so here we go....... Who is the named plaintiff in the suit?Discover 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moore group 3. How much are you being sued for?$6600.00 4. Who is the original creditor? (if not the Plaintiff) N/A 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door)personal service 7. Was the service legal as required by your state? as far as I know. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? California Sn Juaquin 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, however their claim is "common counts" and that is 2 years if my research is correct, 11. When did you open the account (looking to establish what card agreement may be applicable)? maybe 2008/09 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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). yes Summons served. ( I have been struggling trying to find information that made sense. THEN I found this great forum, I'm feeling relieved and ready to put up a good fight.) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract') . no 16. 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? three working days tops. I have already freaked out. I now stand with the clock ticking rather close the courts are open today and tomorrow till four. I could push it till Monday. I read that time starts day after service; however, I am not certain if it was the 14 or 15 papers are 1) summons 2)notice of case assignment 3) civil case cover sheet; limited; rule 3.740 collections (09); not complex 4)instruction 4 cover 3 pages) complaint contract 6600.00 + cost of suit post judgment & interest #1 on the is this the first claim I need to answer? First cause of action within 4 years checked plus both (1) on an open account for money and (2) an account was stated in writing between P and D (then) within 4 yrs (it states the same as 1 and 2) plus other; This C.O.A. relates to card account ending xxxxxxxxxxxxxxx yadda yadda yadda (7 pgs total) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as at all (as a matter of fact I think that they did not give put all of the papers for the summons. It is in the rule that they were to add a blank assignment case pamphlet. Plus I didn't see a court date on here anywhere. I read that the answer did not have to be filled out on one of their forms as long as it answered each of the complaints; is this true? What other paperwork should I add to the answer, I am not sure where to go from here. Thank you for taking my post into consideration, I will be posting updates and accepting "idea handouts" here till the end and beyond.. I have wanted to learn more about law; this makes ahellofa reason to start. any feedback, ideas etc. will not be taken as legal advice. However they will be appreciated deeply. {=love and light =}