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contact by defendant's lawyer after summons?


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My issue is about an apartment complex, where I used to reside, insisting that I owe them money. What it really boils down to is a pissing contest between me and the former manager. He wants to nickel & dime me for more money, but he seemingly has gone about it by violating state laws. More on that later. The apartment management company sent this to a CA.

I have followed all the typical steps...timely DV, dispute with CRA's, many contacts with OC & CA regarding my dispute, ITS to CA cc'ed to OC, and finally suit filed in Federal Court.

I sent a waiver of service, with all the required documentation, to the CA defendant's RA. They recieved the material about a week ago according to the USPS (I sent it CMRRR but haven't recieved the green card back for some reason???)

So my question is: How long after reciept of the waiver and complaint does it typically take to have their counsel make contact?

I hope to settle this matter but I am confident I have enough to win the case if it has to go that way. They have several FDCPA & FCRA violations and I have actual damages...not to even mention that their only proof of a debt is a forged "disposition of deposit" letter and yeah, I have proof of that!! :-)

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The defendant has 30 days to file an answer, assuming they're willing to accept it versus service with a process server.

Be patient. A week isn't very long. If after the 30 days have expired and they've failed to file an answer, you'll need to serve them the regular way.

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I thought they had 30 days to send back the waiver (signed) and then another period after that to answer?!?! According to the civil rules and the waiver form, they have to have a pretty good reason to refuse the waiver. What really constitutes a "valid reason" for them to reject the waiver? I don't know that there is really any advantage for them to reject the waiver unless they think I am just kidding about this and I won't serve them. That would be a very big mistake on their part! If I have to have them served, I obviously will, but I won't be in a very good mood about it.

Thanks for your response Leadhead....I'm trying to be patient, been dealing with this issue for over a year now. So I guess another month or two (or more) won't be a big deal. :-)

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I thought they had 30 days to send back the waiver (signed) and then another period after that to answer?!?!

Yep. If they don't contact you within 30 days after receipt of the waiver, then you should prepare to serve them. The waiver gives them extra time and they're supposed to do it, but not required to.

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