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CALIFORNIA - Process Service Requirements NOT Met - "Sewer Service" I'm being sued by Hunt & Henriques and before I start filing my General Denial papers, I wanted to see if there are other avenues I should take because the summons was not served legally. The date that the case was filed with the court was April 1st. The summons was just slid under the main doors of our apartment building on April 14th. The last entry on Case Summary is: 04/15/2016 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS TO (my name without the "JR"). The fact that they left off the "JR" is relevent because my father (John SR) lives in the apartment next door. They also did NOT put an apartment number on the summons, so without "JR" or "SR" or an apartment number, there is absolutely nothing to determine if the summons is for me or my father. Our apatment building has six units. There are six garage doors out front with two double doors as the main enterance in the middle. (It is obviously an apartment building and not a private residence.) The double doors do not lock. My neighbor that first saw the summons said he saw it laying on the ground as though it was just slid under the double doors. Another neighbor picked it up and put it in the junk mail box. And then my step-mother took it in her apartment because she thought it was for my father. We do have multiple security cameras so I will most likely be able to provide footage of the "sewer service", on top of at least two witnesses that saw it left on the ground. Considering how sloppy this summons was served, what should my first step be? Motion to Quash seems like it might apply. Should I NOT file a General Denial answer yet? My case question answers can be found below. Any advice is greatly appreciated!!! Sincerely, John in LA ------------------------------ 1.Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? $8,XXX 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Summons left near enterance to apartment building. 6. How were you served? (Mail, In person, Notice on door) The summons was slid under the main enterance door to the apartment building. It was not locked. There are six units in the building. 7. Was the service legal as required by your state? NO Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I know of. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). "Status: Pending" Last Entry on Case Summary: 04/15/2016 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS TO (my name without the "JR") . 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? 30 Days "after the summons and legal papers are served on you". That allegedly happened on 4/15. (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Common Counts Contract Rule 3.740 collections (09) Plantiff: Capital One Bank (USA), N.A. alleges that defendant became indbted to plaintiff -within the last four years --on an open book account for money due. --because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. -within the last four years --the money lent by plaintiff to defendant at defendant's request --for money paid, laid out, and expended to or for defendant at defendant'sspecial instance and request. -$8,XXX, which is the reasonable value, is due and unpaid despite plaintiff's demand, --plus prejudgement interest at the rate of 0.0000 percent per year from March 11, 2015 Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
I've been sued by Unifund (attorney is Kenosian & Miele) for a credit card debt with the SOL set to expire in a couple of months. Have not been served but have been checking the Los Angeles County Superior Court web site. Another creditor from the same general time period sued, never served me, claimed they did, and we settled. After that experience, I began to go to the nearby branch court once a month or so to look up my name, and whenever I found a new lawsuit I would take a look at the file. Eventually another creditor tried to do the same thing. The clerk had laid the loose request for default on top of the summons and complaint already in the binder. I think the default clerk did the defaults only one day a week, or something. I answered the complaint before the default was actually issued and they eventually dismissed without prejudice before trial. After a recent court consolidation, all the civil cases of this type were moved a lot farther away, so I haven't been going in to check the actual files, so now I'm kind of paranoid that this law firm might do the same thing. How worried should I be about this? I live alone and am gone quite a bit, so personal service won't be easy for them, but it's easy to leave it on the porch when I'm gone and pretend I was there. I work from home so there's no job that would verify my presence or anything like that. When I'm gone, I'm out of town, so I would have travel receipts in the event I filed to quash service, which is pretty much all I would know to do after the fact. I don't want to answer without being served, since a couple of other creditors sued, never served, and later dismissed. In CA, if they file a POS and request for default, is there a short window during which an answer will still be accepted, or did I just get really lucky with that second suit? By any chance does anyone know how long it takes before they update their web site? Lastly, if this does happen, how long after a default judgment can they begin collection proceedings like bank account liens and such? I also received a notice in the mail from a law firm that claims to help with stuff like this and they had the case number, which was a first for me. Not that this matters, it was just surprising. Sorry for the length, thanks in advance for any insight. Almost forgot, one more issue. It's my understanding that if a creditor sues and then dismisses, the statute of limitations is unaffected. That is, if the date passes after the dismissal and they have not refiled or otherwise reactivated the suit, I would have an SOL defense. Thanks!