credithelpneeded Posted December 2, 2009 Report Share Posted December 2, 2009 What I found online on my case from the court website:Future Hearings04/xx/2010 at 01:30 PM in department X at XXXXXOSC - 3.740 COLLECTIONS-PROOF OF SERVICEHistories ( Dates listed in descending order)10/xx/2009 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNEDAND FILED BY XXXXXXX, COMMISSIONER TO SHOWWHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILEPROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FORHEARING ON 04/xx/10 AT 01:30P M., IN DEPT. x .CERTIFICATE OF MAILING FILED.09/xx/2009 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RNALH496526003.09/xx/2009 SUMMONS ISSUED.09/xx/2009 SUMMONS FILED.On the summons, the server didn't write down anything near the bottom of the summons, such as that 1. "as an individual defendant" 3. on behalf of, 4. by personal delivery on (date):So I did get the summons, but can I use this to my advantage somehow? Link to comment Share on other sites More sharing options...
debtorshusband Posted December 2, 2009 Report Share Posted December 2, 2009 So I did get the summons, but can I use this to my advantage somehow?I don't think so. It looks like the court is already considering sanctions on the plaintiff for not getting you served. The likely outcome is the process server will file a Proof of Service, and that will be that. In my wife's case it took a week for the process server to file the PoS, but I've seen other cases on line where there was a month or more before the PoS got filed with the court.DH Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted December 2, 2009 Report Share Posted December 2, 2009 Most states have laws regarding how long an affidavit of service can be filed after a party is served. New York it must be filed within 14 days. I'm sure other jurisdictions have similar codes in place whether it be 30 days 10 days etc etc. Link to comment Share on other sites More sharing options...
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