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Happybluesky's Achievements

Impressive 100+ postings

Impressive 100+ postings (5/6)



  1. If they filed in wrong county, then that court does not have personal jurisdiction over you. Your response if served would be via motion to dismiss. Why move plaintiff's case forward for them?
  2. Unless you've been served summons and complaint there is no requirement to respond. Why move plaintiff's case forward for them. You can serve plaintiff with discovery any time after the complaint is filed - no need to first respond to complaint, nor even wait too be served. Once complaint filed, action against you has commenced. But bear in mind that request for discovery does not count as responding to complaint - response to complaint means either via motion or answer. The 35 only applies to requests for admission.
  3. The meaning of the comment was clear. OP expressed great anxiety about being sued for a debt. Commenting that the matter is purely civil, with the caveat that one must obey the court, was meant to help put OP's mind at ease.
  4. You are really doing a disservice to new members. First of all, when you say "ZERO proof" you fail to acknowledge that this is a tough business with a steep learning curve, and imply wrongly a 100% chance of winning. Second, how in the world can someone prepare even the initial response to a lawsuit without having the complaint in hand? Third, a not minor point, "answer" has a special meaning in this context. It is a world of difference responding to the lawsuit via answer v. motion. CA threads are fine, but the basics such as thinking in terms of elements for claims and defenses, preparing for the possibility of a plaintiff msj, and adding CA rules of civil procedure to favorites list is the most important.
  5. If you have a medical situation, for example, it is routine to reschedule a hearing. Been there, done that. It's no big deal. Court calendars are changed all the time.
  6. Not worth your time worrying about those things. Just thank the process server and go on about your business. And remember, it is not illegal not to pay a bill. Even if you were served today, it will be weeks before you have to respond, and probably months before any hearing or trial. Also, the docketing department will help you if you need a continuance in the coming months. The game is to obey the court and always give plaintiff proper notice of any changes.
  7. The first time I was served the server was a recently fired executive from a big bank. We had a nice talk about the world on a lovely sunny afternoon. Nothing to be nervous about. In my jurisdiction you have 30 days to respond after service of complaint. I wandered down to courthouse on day 27 to file motion to dismiss, and served plaintiff by dropping a copy of the motion in first class mail a few minutes later. The court set hearing on my motion for about 60 days hence, and meanwhile plaintiff filed a memorandum in opposition to my motion. It was very orderly and matter of fact.
  8. You may have a local newspaper with a section on court records. If so, your case may be cited under civil filings: JDB v. Debtor: Seeks $x allegedly owed. Most likely you could just go to the courthouse and anonymously use the computer to access your case. All filings should be available in electronic form without you having to produce any identification. I don't know if you could do this from home. In the past I had the clerk just provide me with a hard copy of complaint, which did not include the summons, before actually being served. The summons is the part that orders you to appear, and has specific instructions such as time to respond and how to respond. The notion that this could have constituted legal service never came up. In any case, I was served within a month or so after the case was cited in our local paper.
  9. The day plaintiff filed complaint is the operative date, not when you respond to suit. The action is timely regardless of 3 y v. 6 y SOL.
  10. You don't say anything, in the usual sense, for the answer. Best if you can avoid the answer altogether and win in the pre-answer stage via motion. But if you have to answer, all it is is writing deny, without knowledge, or admit for each numbered allegation in complaint. For example: 1. Deny. 2. Admit 3. Deny. 4. Without knowledge. And so on. And attach any counterclaims and affirmative defenses under those respective headings.
  11. Citi and Pilot - Unifund are a close knit threesome. Very likely Unifund will ultimately be able to prove standing to sue. Claim appears to be timely. The only other defense I can think of is contractual arbitration based on Citi credit agreement.
  12. So now it's 20 days. I thought it was 15. Neither is correct. And the precise number of days depends on the details of court v. weekend/holiday days.
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