gymy Posted October 26, 2012 Report Posted October 26, 2012 1. Who is the named plaintiff in the suit?Asset Acceptance, LLC2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Fulton Friedman & Gullace, LLP3. How much are you being sued for?>$4k4. Who is the original creditor? (if not the Plaintiff)Wells Fargo5. How do you know you are being sued? (You were served, right?)Served summons6. How were you served? (Mail, In person, Notice on door)Process server served papers to my brother at my parents house7. Was the service legal as required by your state?Supposedly 8. What was your correspondence (if any) with the people suing you before you think you were being sued?None9. What state and county do you live in?CA-alameda10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)2010 (checked credit report, apparently inside SOL)11. What is the SOL on the debt? 4 years12. 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).It is still pending13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No14. 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.No15. How long do you have to respond to the suit? (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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days, No16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.NoneFirst of all thanks in advance for any advice and help. I have found this board to be very helpful. Here is my situation. At the end of last month, I got a call from my brother saying he has some papers someone dropped off. The following week I come home to find the summons packet and I look through it and realize I am being sued. I have been reading a lot about similar cases and other people who have gone through this process and it makes me feel confident that I will be OK. Anyways, The proof of service which the process server for the plaintiff submitted to the court states that He served me by Personal service, which is false. He asked my brother if I was home and obviously I wasnt and left the paperwork with him. This is obviously substitute service which was not stated on the signed proof of service form filed with the court. Is this perjury? Fraud?My question is, can I file a motion to quash? since I was not served properly, even though the court thinks that I have been? I have a few days until the 30 days from service runs out to submit an answer. From doing a lot of reading and research from this site, I have decided that I should just file a general denial and a BOP. I would love some advice from anyone on here about the steps I should take in my current situation(whether to quash, or the steps needed to take to answer properly). I know quashing will most likely lead to them having to serve me properly again, but this gives me more time to be more adequately prepared, plus I will be moving back home in the next week. Thank you for the help.
debtorshusband Posted October 26, 2012 Report Posted October 26, 2012 You seem to have picked up quite a bit already.Many posters might recommend you move to have service quashed.My advice would be to not waste time with this, as it only prolongs the inevitable; just move on and file an Answer.But you've already considered this and you say you think you need this extra time.In the end, you need to decide for yourself what course of action is right for you.Since you already know about the General Denial, I presume you know where to find the form to use? And that you know what the filing fees will be?Regards,DH
gymy Posted October 26, 2012 Author Report Posted October 26, 2012 You seem to have picked up quite a bit already.Many posters might recommend you move to have service quashed.My advice would be to not waste time with this, as it only prolongs the inevitable; just move on and file an Answer.But you've already considered this and you say you think you need this extra time.In the end, you need to decide for yourself what course of action is right for you.Since you already know about the General Denial, I presume you know where to find the form to use? And that you know what the filing fees will be?Regards,DHThanks DH. I most likely will just file the general denial form later today. I definitely would like to avoid the filing fees though. I am being forced to leave my current job next week due to personal health reasons. So technically I am still employed But I will not be pretty soon. Money is already tight, so you think I can fill out a fee waiver form and will it be accepted?
debtorshusband Posted October 27, 2012 Report Posted October 27, 2012 I have no idea if your request for a fee waiver would be accepted. My impression is that you need to be pretty destitute to qualify, but it can't hurt to try. If you know where the California court forms are found, there's an instruction sheet that goes along with the fee waiver form, so hopefully you can tell from that. If the fee waiver request is denied, you'll need to be ready to pay the filing fee for your Answer to be accepted; $225 for amounts under $10,000.Good luck,DH
Seadragon Posted October 27, 2012 Report Posted October 27, 2012 Thanks DH. I most likely will just file the general denial form later today. I definitely would like to avoid the filing fees though. I am being forced to leave my current job next week due to personal health reasons. So technically I am still employed But I will not be pretty soon. Money is already tight, so you think I can fill out a fee waiver form and will it be accepted?Could drive you to file for state benifits so I would file for fee waiver. You only send the original to the court a copy for your self. fill it out and take it with your answer with you.
Rivertime Posted October 27, 2012 Report Posted October 27, 2012 If you're leaving your job next week a strategy might be to quash the summons, make them serve you again, and in the mean time, you will have lost your job and will truly be destitute and might more easily qualify for a fee waiver when you answer in a few more weeks.Just a thought.Good luck,rt
gymy Posted October 31, 2012 Author Report Posted October 31, 2012 If you're leaving your job next week a strategy might be to quash the summons, make them serve you again, and in the mean time, you will have lost your job and will truly be destitute and might more easily qualify for a fee waiver when you answer in a few more weeks.Just a thought.Good luck,rtThanks RT. I submitted my answer on Monday with the fee waiver form. Clerk said it might take a week for the judge to review it and decide whether I qualify or not. Hopefully its all good, so ill just wait and see.
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