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Hello, So glad I found this site. Is it too late to fight? 2 x improperly served and the actual complaint looks so very flimsy! Nut shelling : Employee of Cavalry who attests to having direct control and immediate supervision of data, also admits that it was accidentally destroyed or otherwise lost. ( not so good at his job ..eh?) But he also attests in a separate declaration- that he is familiar with files. To me, it seems like they are saying - hey we are suing you because we loaned you money but we lost the agreement saying we loaned you money so we guess you must owe us. They use the "fact" that they gave us money to support the claim that we must have violated an agreement. The agreement is the subject of the lawsuit. I learned of a Default Judgment, and of the attached lien, in June '19 while attempting a refi. Went to courthouse and read process server had allegedly personally served my ex husband at my house in '09. However, we seperated in '06 and he lived and worked 200 miles away. Kids and I were gone that weekend which I can verify. Additionally, I ran a licensed daycare and have state docs (interviews, declarations etc) confirming he did not live or visit at the house. He denies getting served. He was, however, legally served for a different lawsuit at his place one month prior to the "personal service" which tells me it was not difficult to get the correct address for him. I notice the 10 years is almost up. So, Im paying attention as the lien is on my house he failed to deed me. Fast forward to last week, after noticing Cavalry made an inquiry on my exes credit report ( which had all recent addresses correct and dated) I checked Court file and sure enough, the application, memorandum of costs and notice for renewal was entered. Yet again, notice was sent to a 5 year old old address. Luckily (?) Those kind folks mailed it back to Winn Law Group. Still... the clock is ticking because I do not know enough to think this bad service stops the clock. So - as I formulate my Motion to vacate renewal ? or Motion to vacate judgement? Im thinking... General Denial Not my debt Cannot provide proof and admitted that they cannot Improperly served I think it has to be very strong to get our foot in the door when it comes to a renewal. But I dont know.. Any ideas would be greatly appreciated. The clock runs out tuesday ( it was extended 3 days because Court and county lost power) maybe getting a declaration from the woman who mailed " all his mail back to sender - Not at Address" would help shine the light on the tactics they employ to cover for lack of evidence.
I have a question regarding being served at a mailbox center. I'm already in the middle of my case, filed answers, discovery, etc. and the court date is not for a few months, but I flashed on something recently about how I was served. One day, late last year, I find a summons in my mailbox. When I asked the owner "when did this arrive?" he answered in very broken and hard to understand English "I don't know". I asked it in different ways, even asked if he signed for it or do you have anything showing that you signed for it, and he said he doesn't know anything about it. Back then I was thinking I was improperly served, but never went further with it, and moved forward with filing an answer about 4 weeks later. In the meantime, during which I kept checking online at the case summary, and noticed they still had not filed proof of service, nor sent me anything (including a copy of the summons). Obviously they were hoping I would never see the summons. Bottom line, 6 weeks later, they finally filed their proof of service (2 weeks after I filed my answer). Here is what I just realized/discovered. I see here (below) in California http://www.creditinfocenter.com/legal/process-service-requirements.shtml 2. If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.) 1. They never sent me a copy of the summons (note the highlight in yellow stating they have to do two steps "and by thereafter mailing a copy...." 2. It states, that it is only "DEEMED COMPLETE" ... on the 10 day AFTER MAILING. What I'm asking is... If they never sent me a copy as well as dropping it off at the mailbox center, isn't this summons (and/or this case) "deemed incomplete" if they never "completed" the process of serving me . Furthermore, when I show up in court, can I ask to see the proof, or certified mail showing they adhered to the rules of the court and actually sent this, and if they can't prove that they did, can I have this case dismissed because I was served improperly (even though I realize they can file again) or is it too late to bring this up? sorry for the long explanation.... and thanks in advance for your feedback.