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  1. If they do so, I believe that proof of publications needs to be recorded in the docket. There is no reason for them to resort to publication since I am staying at the same address. I found another copy of summons left at my door step last week!
  2. Thanks. The docket has no evidence of plaintiff serving me so far. I talked to a lawyer (who usually seems to represent the plaintiff's trying to recover the debt). He checked the docket. His advise was not to do anything until I am served and proof of service is filed. I haven't technically hired him since there is no case yet to defend, but my brief consultation with him was to hire him.
  3. I called and spoke to the Court Clerk. He informed me that no proof of service has been filed by the plaintiff. He explained that plaintiff has filed declaration of non-service. Which he explained as plaintiff tried but couldn't serve me. Which then means that Plaintiff is claiming that he tried to serve me twice, once in June-2012 and now in May-2013, but couldn't serve me. Now I am not sure what game is being played here. Is this their way to keep SOL alive? Why would they file the case and not serve me ?
  4. ------------------------------------------ To: Helpme and BTO429 I think your questions apply to Jono's case and not mine. I haven't even answered the complaint yet. -------------------------------------------- I am wondering if I should even go ahead and answer the complaint; or I should file some kind of motion to get the case dismissed. If I do on what basis do I file the motion. I know that the plaintiff is in violation of Rule 3.740(e). I can follow Seadragon's recommendation of filing motion to quash, (that might get case dismissed on technicality?) but the CA can refile the
  5. Motion to Quash Service of Summons: This asks the Court to say that the Complaint wasn’t served properly. Say why service was not right. Motion to Stay or Dismiss Action: A Motion to Stay asks the Court to put the case on hold for a while, so that something else can happen. A Motion to Dismiss asks the Court to throw out your case. Say why you want this. As per my court information website, I do have right to file a motion to dismiss. If a letter says defendant cannot seek to dismiss, the court is probably turning down t
  6. Are you saying the court letter said that a defendant in California can not have case dismissed ? Do you mean to imply that court was saying the defendant can not seek to dismiss the case against defendant? That would be weird! I want do want to seek dismissal of this case. I just need proper legal language to do so. Is the motion for summary judgement right way to go instead of answering the complaint?
  7. Regarding Rule 3.740(e) vs Rule 3.740(f). It seems the plaintiff must be sanctioned for the latter but only may be sanctioned for the former. (e) Effect of failure to serve within required time If proofs of service on all defendants are not filed or the plaintiff has not obtained an order for publication of the summons within 180 days after the filing of the complaint, the court may issue an order to show cause why reasonable monetary sanctions should not be imposed. If proofs of service on all defendants are f
  8. Thanks everyone for chiming in. A. What will be effect of Motion to quash? Even if granted the plaintiff can serve again properly Or the plaintiff can choose to file a new lawsuit and have summons servedDoesn't seem to do much except delay the case. At least that is how I read it. B. What about plaintiff violating Rule 3.740(e), which clearly requires them to serve within 180 days. It seems only the court can sanction the plaintiff. Is there any grounds that I can use against the plaintiff as result of them not compiling with Rule 3.740(e)? What is defendant's remedy, if any, when plai
  9. I was recently served summons for a lawsuit filed by CA more than 370 days back. This is in California court in Santa Clara county. The summons I receive show the date lawsuit was filed as May'2012. The CA is Hidden Oak Group, Inc, represented by an attorney in San Francisco with P.O. Box as address. I knew they had filed the complaint because I got unsolicited offers from other consumer law practicing legal firms informing me about the lawsuit, as usually happens. Since they never served me, I did nothing. According to California law for limited civil cases (collections) the plaintiff is sup
  10. No I haven't gone to the court. Been busy with work and fighting a bank on mortgage. I don't think the complaint is available on the court website.
  11. I have been reading but not thoroughly. Is there a diagram or a roadmap that shows various stages of what to expect in the court after one decides to answer the complaint. Some kind of visual or textual flowchart somewhere on this site.
  12. What is that ? In the court records I see no activity from them other than filing the complaint.
  13. Thanks. That is what I intend to do during the holidays as I will be having plenty of free time to study the defense. I am definitely going to fight this lawsuit.
  14. Still not served. I am not going to be around till second week of Jan. They have done nothing since filing the lawsuit. The court records don't show any attempt or proof that they have served me. I have been around all this time doing my normal things. So if they wanted to serve me it would have been easy. Lawyers tell me that I don't need to do anything and the lawsuit will get dismissed on its own. Is this true. However they can again bring it back and the debt will continue to show on my credit report. Should I still go ahead and file an answer. Can I file something to compel the complain
  15. I decided to fight them in the court. I sent them a DV letter by CMRRR on 15th. Through court records I found that they filed lawsuit on 16th. No served yet. I am out for holidays so they won't be able to find me to serve me for at least another two weeks. Happy holidays everyone.