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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 Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number) scheduled for (Date 2021) at 08:30 AM in (Courthouse Name) A Not Held - Vacated by Court on (Date) I would attach the entire letter with all pages. But, I'd just like to ask based on the status update on the courthouse website if this case has been dismissed? Do I have to sign anything and return the letter to the courthouse? This is the first time for me to have to deal with something like this and am completely lost. I can attach the letter edited if it will help to explain in detail. But, thank you in advance for your help.
  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. I don't have funds to pay or even offer a settlement so I am treading carefully. My hearing seems to be dated for 2020 - is that right??? In any case, can the case be dismissed based on false proof of service? Thank you in advance.
  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 from an OCs lawyer. I freaked out for three weeks and then decided to get down to business.With this forum's help, I decided that a General Denial was the way to go. It's very difficult for me to get time off of work on short notice, but I was able to get away last Friday afternoon a little early to go file the paperwork. I went to drive down to the courthouse (a 45 minute drive for me), and my car wouldn't start. Long story short, I had to buy a new starter and battery and couldn't get down to the courthouse. I stressed out all weekend but (thought) I had everything together so I snuck away from work for what I thought would just be a really long lunch. As I was putting my papers together, I realized that I completely forgot about the Proof of Service. So I panicked. I don't have any friends in the county and I sure cannot ask my coworkers. I can't really afford $75-100 to pay a process server. My family members all live far away. So i asked my neighbor if she would sign the Proof of Service and I'd mail everything. She's in her 70s and rarely leaves the property. I didn't feel right asking her to make the 20 minute drive into town. Plus, it was like 2pm and I was in a huge rush to go make copies of everything and get to the courthouse. I don't have a printer so I had to drive to a library about 15 mins away to even print originals. I wrote in everything on the form except for her name and signature. It's clearly different writing than her name and signature. I stopped by a FedEx on the way to the courthouse and made copies of the GD and the POS. I filed everything at the courthouse, then went to the Post Office and sent out the GD to the lawyer. I was thinking I needed to put the POS in the envelope, so I put in a copy of the signed POS. Oh no. It looks even worse in writing. I'm an enormous idiot. Now what do I do? Pray that the lawyer sees signed POSs all the time and doesn't bat an eye? Prepare to get called out? Anyone else do the same thing and can report on the outcome? Thanks in advance for advice, and please be gentle in any chastising. I already know I did wrong
  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 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
  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??? Who has received my papers? How am I supposed to defend myself if I do not know what's in those documents? (I do not have the money to go to court, the gas is way too expensive for me). Also, I live near Altadena (CA), and the closest courthouse I think is in Pasadena (CA), why would they file in Chatsworth (CA)? Please somebody help
  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 appears on my credit report as last payment by OC. I will use lack of standing to answer- but first I want to know if this is legitamate service?
  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. Everyone tells me that I waived my right to Service of the complaint by answering it (after finding out about it through a third party), but that it was also the best thing I could have done because otherwise I'd have faced a default judgment. Fair enough, I suppose (though still pretty shady). However as I understand it, even if I had somehow been able to file a motion to dismiss for lack of service prior to filing my Answer, it would have had to have been in the form of a demurrer in California, and the judge would most likely have simply given the Plaintiff a heads up and another 30 days to serve. So what's the point of setting a deadline for Service when it comes to the Plaintiff, if they're just going to be given extensions? In a more recent case, I was served, but it was a full week after the 30 day deadline. Again, if I was to file a motion about it, all I'd be doing is tying up my own time for getting in the Answer. And from what I hear on the site, if I did miss the deadline by even a day, "Holy Beejeebus, your goose is cooked now man, you blew it!" Am I wrong about this or is there a serious double-standard inherent in the system when it comes to the issue of service and proof thereof? Curious and frustrated.
  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 Bill of Sale to Midland. There is no Bill of Sale between Chase and 'ABC Company,' only the affidavit confirming the sale. There is no print out of the account information pursuant to the sale of the account from Chase to 'ABC Company.' In addition, none of the affidavits or other documents include any file names, descriptions, or identifiable infomation concerning the pool of accounts being sold. This information appears to have been included on the original Bill of Sale to Midland, but is redacted in my copy. I received these documents from Midland in April, two months ago. They haven't sent me any discovery questions yet. After reading through several message threads, it's my understanding that the affidavit from Chase doesn't prove ownership of my particular account was sold. If this is the case, what should my next step be? Have I done any harm by allowing two months to pass since receiving the documents from Midland? With the help of my husband, I just realized the Proof of Service for Midland's response to my RFP may be invalid. The Proof of Service does not include a date of mailing. According to California Code of Civil Procesure, Section 1013a. (1), the date the item was deposited in the mail must be provided. The person making the service left the date field blank. If the Proof of Service is invalid, is this something I can use in my favor? Lastly, when it comes to the RFP I sent to Midland, was I supposed to file this with the court? I have a Proof of Service completed by a friend, as well as a certified, return receipt. Thanks for your help!
  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 someone mail stamped copy #3 to JDB via CMRRR and then subsequently file your proof of service form with return receipt when received?or is it overkill to wait for the return receipt and should POS with court be filed sooner? General Denial form says: The original of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiff's attorney and on each plaintiff not represented by an attorney Sounds like ideally it is concurrent. But if filing proof of service at the same time then im serving plaintiff with a denial thats not stamped by court. Also means i have to drag whoever is serving the plaintiff (generally my wife, by CMRRR) to the courthouse with me to file POS. On the other Hand, Proof of service form says 'on (date) I served plaintiff via mail' By filing concurrently, isnt this incorrect? thoughts?
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