risingson

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About risingson

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  1. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number) scheduled for (Date 2021) at 08:30 AM in (Courthouse Name) A Not Held - Vacated by Court on (Date) I would attach the entire letter with all pages. But, I'd just like to ask based on the status update on the courthouse website if this case has been dismissed? Do I have to sign anything and return the letter to the courthouse? This is the first time for me to have to deal with something like this and am completely lost. I can attach the letter edited if it will help to explain in detail. But, thank you in advance for your help.
  2. Thank you so much for your reply. I'd like to ask a couple further questions. 1. Are the dockets online updated in a timely manner or is there a chance I could be served and I won't see the update until many days later to make it too late to respond? 2. I would still like to know what this date and update refers to. 01/2021 at (Time) in Department (Letter) at (Address) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) Does it mean that the plaintiff has until 01/2021 to show proof of service or a judgement won't be made until 01/2021? My apologies for the lack of knowledge. This is my first time having a summons so I am completely lost with the terminology. 3. If being served and living abroad, do you absolutely recommend an attorney to handle this for me or should I respond with letters of my own? Thank you again for your responses.
  3. (Forgive me if I haven't had enough time to search for all the right answers in the vast amount of resources this forum has to offer! I may have limited time or already be out of it! I am also seeking an attorney this week.) I am living abroad out of the US and have been possibly sued by a bank or through a debt collection agency being assigned by a bank. I have a number of questions! 1. The file date says 1/3/2020. If I have 30 days to respond, does that mean I have until 2/2/2020 or is it the date that I have been served? Because that leads me to my next question... 2. Aside from publication, there is a high chance that I have not been served properly because I have been living and working abroad for many years. If that is the case, should I file a motion to vacate based on improper service on my own or should I hire an attorney to file it for me? Is it a simple form or template I can find and type / mail myself to the court? 3. If it turns out that I am being sued by a collection agency, (similar to the question above) should I request for the validity of the debt to the court on my own or hire an attorney to do it for me to due the existence of the court case? Below is the current status of my case. I have a number of questions about the updates. ------------------------------ Status: Pending 4. Does this mean that the actual case has yet to be approved? 01/2021 at (Time) in Department (Letter) at (Address) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) 5. What does this mean in simple terms? Does this mean that the next step or hearing is in 1/2021? (Date) Declaration Declaration of Non-Service; Filed by: (Bank Name) (Plaintiff) (Date) Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number Code) scheduled for 01/2021 at (Time) AM in (Address) at Department (Letter) 6. What does this mean in simple terms? (Date) Case assigned to (Name) in Department (Letter) (Place) (Date) Complaint; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Civil Case Cover Sheet; Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) (Date) Summons on Complaint; Issued and Filed by: (Bank Name) (Plaintiff); As to: (Name) (Defendant) 7. What does this mean? Does this mean that the plaintiff served me? (Date) Order to Show Cause Hearing/Trial Date (Rules of Court, rule Number Code); Filed by: Clerk (Date) Notice of Case Assignment - Limited Civil Case; Filed by: Clerk (Date) The case is placed in special status of: Collections Case (Number Code) ------------------------------ Of course, I will be asking these questions and more to an attorney. But, I'd just like to get some feedback and answers while I am looking for a lawyer. Thank you so much for your help.