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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
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- proof of service
- time delay
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