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Found 11 results

  1. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show C
  2. Like others on this board, a law suit was filed against me however, I have yet to be served. I too am using the case number to monitor the case, however, I learned today (9/17/19) that on 9/10/19, a Proof of Service was filed an in it the server testified that he saw me, spoke to me and that I verified my identify by verbally responding that it was me when he asked me my name. He has a date and time stamp of when he supposedly served me, however this is completely false. I have my google maps that show I was not at home at the time he claims he served me - in fact, I was driving.
  3. Hello all, I’m just another poor soul (literally) who got caught in the claws of the Portfolio Recovery junk debt buyers. Now I filed my general denial with the court and now I need to send my POS-030. There is a section for me to write down the plaintiffs name and address but my court documents only show the address of the lawyers and law office representing the plaintiff. Is this where I should mail my documents or should I research portfolios address instead? I’m going to have my dad send this out for me since It appears I can’t do it myself. Thank you for your help!
  4. Whoops, I may have blown it. I'm afraid I may have done a stupid thing. I filed a general denial to respond to a summons from an OC. But I included the signed Proof of Service form in the envelope that was mailed to the OCs lawyer. Did i blow it? Is my poor neighbor who signed the form going to be brought up on perjury? Editing to add way more detail.. I had a major lapse in judgment and it just hit me how bad it was. I'm going to lay it all out and hopefully you guys will be willing to offer some advice or tell me not worry about it. I'm on Day 30 from when I was served a Summons f
  5. One last question re bill of particulars. I've read everything I can find on it here in the forum, but still have a question. I'm serving it with a proof of service. Do I: 1) send original pos to plaintiff or a copy of the pos to plaintiff; 2) send original demand for bill of particulars or a copy to the plaintiff? Thank you.
  6. 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
  7. Hi guys, I need some urgent help with this case. I am not a lawyer and thus quite scared of what is happening. Few days ago i received a letter from a legal aid stating that I was the defendant in a lawsuit case (credit card debt). I used the case number they gave me and checked, and indeed there is a lawsuit against me. Today, about 10 days later, I find that: 09/10/2015 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS TO (XXXXXX, YYYYYYY). but i never received anything!!!! and my wife, who has lost her job is at home all day and she never got anything!!! What should i do
  8. I just received a drop off summons and complaint from a JDB- Cache confirmed copy filed with the court with a case #- It was dropped off to the UPS Store and the clerk there said they ask if that person has a box and just hand him the complaint- I asked the clerk and he said a process server dropped it off. But I see NO PROOF OF SERVICE ATTACHED. I also asked the clerk if he signed anything to receive it- he said no. The complaint also states the debt was assigned to them in 2012. It also said within the last 4 years defendant became indebted. I will check the SOL on this and see what appea
  9. So after yet another bleary-eyed exhausting day and night of reading threads, researching, revising my Affirmative Defenses to add to my Answer in a case involving a JDB suing for Breach of Contract, Account Stated, Open Book Account, and Indebtedness, I'd like to step away from all of that for a moment to ask a serious question about Service. Is it fair to say that the right to Service, in actual fact, appears to benefit no one but the Plaintiff? I have a case dating to last year in which I was never, ever served anything by the Plaintiff, yet the case was allowed to go to trial. Everyo
  10. I was hoping to get some feedback from those of you who are familar with fighting Midland Financial in California. In response to my RFP, Midland provided me with documentation that includes an affidavit from Chase confirming the sale of a "pool of charged-off accounts" to 'ABC Company' and an affidavit from 'ABC Company' confirming the sale of a "pool of charged-off accounts" to Midland. There is also a Bill of Sale between 'ABC Company' and Midland. They provided a print out of my account information that says it is from the electronic records provided by 'ABC Company' pursuant to the Bi
  11. I searched forums and didnt find a thread on this. My guess is as follows: necessary: -whenever you file something with the court (General Denial, Case Management Statement, any Motion including MTC, MIL, etc) not necessary (but best to mail CMRRR and persoanlly file return receipt away): -requests for BOP -Discovery requests -Responses to Discovery Requests also, what are best practices for filing, to minimize trips to the courthouse. Say im filing a General Denial. is it best to go with 3 copies, get them all stamped by court, leave copy #1 with court, keep stamped copy #2,, have some