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I am in a civil debt suit vs C.1.. The representing law firm asked for a telephone conference. The court tried contacting the firm asking for a phone number twice in order to conduct a pre trial conference and received no response. I showed up and by time proceedings were to take place the court still hadn't received a response. I am wondering what my next course of action would be. Request to dismiss? Was told proceedings were to be concluded until further order. I never filed for a discovery or requests for production of documents. Does this give me time to do that or should I? Does concluded until further order mean dismissed?
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
I really appreciate any help I can receive to figure out: a) what to do in response to this document; and what angle the Plaintiff is preparing to play. Quick background: Served by JDBFollowed @Linda7's thread exactlyFiled my answer and a MTC private/contractual arbitration w/JAMS (with Exhibit B as a copy of the credit account agreement)Judge granted a MTC hearingDate is set and has been agreed upon by all partiesNow I have received this document in the mail: PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Case No: xxxxxxxxxxx Judge: (this was left blank by them) Plaintiff, through counsel, hereby opposes Defendant’s motion to either dismiss or stay this matter so that the dispute can proceed through private arbitration via JAMS. Defendant argues that the terms and conditions governing this account includes an arbitration provision granting her this right. Defendant submits a sworn affidavit signed under penalty of perjury that the terms and conditions attached to the motion Exhibit B are “a true, unaltered copy of the XXXX credit agreement that contains the arbitration provision which governs the dispute between the parties for this alleged account.” Plaintiff intends to call Defendant Jazz Debtslave to testify before the Court under oath as to the source of these terms and conditions. Based upon information and belief, Plaintiff is relatively certain Defendant will not be able to lay a foundation for these contract terms.In the alternative, if Defendant is able to lay the foundation for these contract terms then the Plaintiff asks the Court to stay the proceedings so that the parties may return to Court after private arbitration and enter the arbitration award as a final judgement on the matter. My initial questions are: 1) Should I file an answer to this Opposition? 2) When will the plaintiff call me to testify before the court? During the MTC hearing? Or is this showing intent to schedule some other court hearing? 3) Obviously, the Plantiff is trying to keep this out of JAMS and drive me into state ordered arb. It looks like they want to attack my copy of the agreement. What can I most likely expect from being called to testify and how can I best prepare? 4) Can I requests documents from them that explain why they have "information and belief" that I will not be able to lay a foundation for the contract terms? T H A N K Y O U to this forum for your help! So far, at least, I have kept myself out of Oregon state arb -- this is no small feat!! I consider being granted the MTC private arb in the state of Oregon a little victory. Could not have done it without this great group of people