phoneczar 11 Posted November 9, 2009 Report Share Posted November 9, 2009 1. Who is suing you? C12. For how much? 50k3. Who is the original creditor? C14. How do you know you are being sued? Court Website5. How were you served? Were you served? Not yet. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? Letter of intent to sue sent from atty.7. Where do you live? calif8. When is the last time you paid on this account? Spring 20069. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).CMC scheduled for dec. How can a CMC be scheduled if we have not been served yet?10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? We have not received a summons yet.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?Nothing sent14. What is the SOL on the debt? 4 years Link to post Share on other sites
phoneczar 11 Posted November 15, 2009 Author Report Share Posted November 15, 2009 So we have not been served with complaint and summons on this. I need to have a Case Management statement filed by the end of the week. What should I do about the complaint and summons. Should I wait until it is served or should I go to the courthouse and get the complaint and summons and then answer. Can the Case Management Statement be the "other first paper" filed? Link to post Share on other sites
calawyer 1,848 Posted November 16, 2009 Report Share Posted November 16, 2009 I would check the Court's docket to see if the plaintif CLAIMS that you have been served (search posts for "gutter service). If plaintiff has not served you yet, and doesn't claim to have served you, the Judge will give the plaintiff a lecture and maybe even some sanctions. Link to post Share on other sites
scardKaren 10 Posted November 16, 2009 Report Share Posted November 16, 2009 Maybe I'm a wimp. For 50K I would file BK. Get it done and over with avoid the stress. Sooner rather than later. Link to post Share on other sites
phoneczar 11 Posted November 16, 2009 Author Report Share Posted November 16, 2009 calaywer -good to hear from you again!the only thing close to what you mention is "proof of non service".We went through this a year ago and case was dismissed. We are going to take the harder path and fight first. If we fail then will consider BK.This is the last chance for plaintiff as SOL is out in early 2010. Link to post Share on other sites
calawyer 1,848 Posted November 16, 2009 Report Share Posted November 16, 2009 Gutter sevice is when the process server throws the complaint and summons in the trash (or just doesn't serve it) but files a return of summons with the Court indicating that you have been served. If the plaintiff says you have been served, the Court's docket will so indicate. If you are lucky enough to find a helpful clerk, they will just tell you over the phone.What County are you in? Link to post Share on other sites
phoneczar 11 Posted November 16, 2009 Author Report Share Posted November 16, 2009 We are in Orange County. I have been able to follow the case online. Link to post Share on other sites
calawyer 1,848 Posted November 21, 2009 Report Share Posted November 21, 2009 Has the plaintiff filed something called a "return of service"? Link to post Share on other sites
debtorshusband 381 Posted November 21, 2009 Report Share Posted November 21, 2009 So we have not been served with complaint and summons on this. I need to have a Case Management statement filed by the end of the week. What should I do about the complaint and summons. Should I wait until it is served or should I go to the courthouse and get the complaint and summons and then answer. Can the Case Management Statement be the "other first paper" filed?If calawyer overules me, I will bow to his wisdom.But I don't think you need to file a Case Management Statement if you haven't been served.You asked in another post how a CMC could be scheduled if you haven't been served. I believe the answer is that this is standard procedure. A CMC will be scheduled for, say, 135 days or so after the suit is filed. If the summons and complaint have not been served, the CMC will consist of the judge asking the plaintiff's attorney why they haven't been served. The most likely outcome is the judge will continue the CMC to another date, "ordering" the plaintiff to serve the papers.But, as has already been mentioned, check with the court to make sure they aren't (falsely) claiming to have served you.Good luck.DH Link to post Share on other sites
phoneczar 11 Posted November 22, 2009 Author Report Share Posted November 22, 2009 Return of service has not been filed.We filed CMC statement and are planning on being present at hearing. Link to post Share on other sites
calawyer 1,848 Posted November 23, 2009 Report Share Posted November 23, 2009 DH is right. Unless you are served, you do not have to file anything. I just wanted to make sure you weren't the victim of gutter service.In most counties, the CMC date is generated as soon as the complaint is filed. One of the main functions of the initial CMC is to make sure all parties have been served. At yours, the plaintiff will get chewed out and probably sanctioned for failing to serve you. Link to post Share on other sites
phoneczar 11 Posted December 1, 2009 Author Report Share Posted December 1, 2009 Case Dismissed!Not sure why but we rec'd dismissal paperwork today and I also checked online with court. Are these guys looking for an easy default or do they not have their ducks in a row????BTW -we were never served summons and complaint. Could that have some weight behind it? Link to post Share on other sites
phoneczar 11 Posted December 5, 2009 Author Report Share Posted December 5, 2009 Latest-After Dismissal was filed by plaintiff and atty's we received Case Management Statement from them 2 days after they dismissed the case. On the CMC statement they claimed they had served us complaint and summons when they had not! Any recourse? Link to post Share on other sites
ficofightr 68 Posted December 5, 2009 Report Share Posted December 5, 2009 If the case is dismissed then it doesn't matter what the CMC statement says. Even if you weren't properly served, I've found that it's usually not worth fighting it because the fact that you showed up at a CMC meeting means that you know about it now. The judge will give you time to answer, and eve if you fight for a dismissal, they'll just turn around and serve you again (sometimes at your motion hearing).The only scenario where I've found it useful to fight for a dismissal and make them re-file the lawsuit is if the SOL is coming up or has passed. Link to post Share on other sites
citizensoldier 25 Posted December 5, 2009 Report Share Posted December 5, 2009 phoneczar, Of course you can do something about their filing of a false government document - you can take your evidence and testimony to your county grand jury. I bet those attorneys will be unhappily surprised should they receive a grand jury subpoena or indictment.CS Link to post Share on other sites
