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Hello all, I tried to find the answer to this in the forums and in my local rules, but I was unsuccessful. I am the defendant in an OC suit brought by Nelson and Kennard, Sacramento. I have a two part question: I received the complaint, and answered it, noting that they had a few instances where they checked multiple boxes instead of one, got a couple facts wrong, and I put in one or two affirmative defenses. My purpose is to delay until I can settle, but not cost so much that the settlement will be impractical. I need a sweet spot. I have some more collections coming at me I'm sure, but my income will increase in the next couple years and I already make too much for Chapter 7 unless I can argue grad school student loans are non-consumer debt.. but I have heard that's really expensive and CA caselaw isn't binding and other reasons from attorneys, so then it's like either chapter 13 or settle my way through the storm, and if I can settle that's got to be better than 5 years of .. well of eating like I did in grad school. Anyway, I'm not out to win this, just to get a trial that's months away so I have money to settle with, and then I can stall the next lawsuit and settle again, and so on. SO. Question 1: in answering the complaint, I read that I could efile and then serve the plaintiff. But the day after I efiled it, suddenly the court called and gave me 36 hours to serve it, so I ended up spending like 300 dollars on a next-day process server. That hurt. Will I need to serve the plaintiff every time I file anything, like this case management form and such? I don't see an answer to this in local rules or superior court rules. Question 2: I read somewhere that was not unique to CA, that process service by the defendant could be done via registered or certified mail or something- but it couldn't be mailed by the defendant. If I'm a very private person and don't want a friend to know anything about this, is there like a Fedex-Kinkos service or something that would just be the adult that does that? OR how do people normally do their defendant process serving duties? It seems impractically expensive to do so. Thank you for any insight you might have on 1 and 2.
Hello All: Wondering if anyone can help - we are in Collin County, TX and are being sued by Portfolio Recovery - they have been trying to collect on a Sears account that was issued by Citicards. We found out about the lawsuit because we received quite a lot of solicitations in the mail from attorneys once PRA filed the suit. The suit is filed in a JP court. Today we got a notice on our door that someone tried to serve us with the suit. My question is - do we just call the number and accept the service or do we try to dodge it? I have spent a lot of time searching through the civil public records and a great many of these PRA lawsuits are thrown out due to Non-suit. We have requested validation on this particular debt several times and our requests (all sent CMRRR) all went unanswered to our knowledge. Do we just bite the bullet and accept the documents so that we can start the process of getting it over with? Is there any benefit to dodging the service? This is the only time we have been sued...by anyone. Just looking for help in this process - this will just be the beginning surely. Thanks to anyone who can offer advice.
Hi, All. Does anyone have a reliable process server they can recommend (based on past personal experience) in the Greater San Diego area? I need to have a subpoena served on a JDB employee there. The job will require that they attempt personal service up to (3) times before leaving it with anyone else, sending me an Affidavit of Due Diligence (preferably in both electronic and hard copy form), and do it all in a very timely fashion. Any leads are very much appreciated, particularly if you can tell me a little bit about your experience with the company or individual being recommended. Thanks!
A process server came to my house to serve a summons to me from PRA for a debt of approximately $1100.00. In the course of him trying to serve me, he caused damage to my entry door. This process server was beating on the front door's deadbolt lock with some sort of weapon (he admitted to the police that he beat on the door with a weapon, but the police would not disclose what type of weapon he used) . When DH opened the door, the process server lunged at him in an attacking manner, resulting in a scuffle. The police were called and a police report was filed, but the police did not charge the process server with any crime although we brought up that he attempted breaking and entering into our home based on the damage our door sustained. DH filed criminal charges against the process server for malicious destruction of property. When we returned home, we looked over the door again and noticed that the steel door had several large, shallow dents in it. These were not there prior to this person coming to my house. The extent of damage to both the lock and the door are valued at approximately $1100.00. Looking over the summons, PRA has listed some incorrect issuance dates for their current licenses, the name of the attorney listed in the courts database is not the same as the one who signed the papers; everything else seems to have been provided (proof of original debt and creditor, etc.) In my summons, it states that if I agree with the amount owed, that I contact their lawyer, if I do not agree, then I file Notice to Defend. How should I proceed with my case in Maryland - contact attorney for PRA or file notice to defend? Is there any other recourse we have against the process server and PRA and their attorney in this matter?