30 days from when? Summons for Expat

[LuckyChance]


1. Who is the named plaintiff in the suit?

Portfolio Recovert Associates LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Hunt and Henriques
3. How much are you being sued for?

$14,500
4. Who is the original creditor? (if not the Plaintiff)

Wells Fargo
5. How do you know you are being sued? (You were served, right?)

I live in Asia and have a mail service in Walnut Los Angeles that

received the summons in the mail.  It was a large unmarked envelope

so I asked them to open it,scan pages and email it to me.
6. How were you served? (Mail, In person, Notice on door)

 Mail
7. Was the service legal as required by your state?

After reading, I still do not understand

I do know this country  does not participate in the Hague Convention

so it is impossible to serve or be served here. 
8. What was your correspondence (if any) with the people suing you before you think you were being sued?

none
9. What state and county do you live in?
Asia
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

est 2009
11. What is the SOL on the debt?

4 years
12. What is the status of your case?

summons served.

The complaint was filed on March 6

I can partially read the post mark on the

papers received as the 21 or 31 of March

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No
14. Did you request debt validation before the suit was filed?

No
15. How long do you have to respond to the suit?

I do not know when my 30 days to respond begin or end

despite having looked at the case online

Summons & complaint:

There is one Common Counts CAUSE OF ACTION with 2 paragraphs

and there are no account numbers or references

CC-1

The plaintiff alleges that the defendant became indebted to PLAINTIFF’S PREDECESSOR, WELLS FARGO BANK, N.A.,

who sold the account to plaintiff

a. within the last four years

on an openbook account for money due

(False)because an account was stated in writing by and between the plaintiff and

defendantin which it was agreed that defendant was indebted to plaintiff.

b.within the last four years

for goods,wares,and merchandise sold and delivered to the defendant

and for which the defendant promised to pay the plaintiff the sum of $14,500

(What goods,wares and merchandise does Wells Fargo sell?)

for money lent by plaintiff to defendant at defendant’s request

CC-2

$14,500 which is the reasonable value is due and unpaid despite the plaintiff’s demand

More: THIS COURT IS THE PROPER COURT BECAUSE A DEFENDANT LIVES HERE NOW

APPARENTLY DEBT PURCHASED aug 10 2010

3.740 collections

Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I did not receive a questionnaire regarding the lawsuit

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Statement of location, venue with my mail boxes main address (without my box number)

 

More details:
-I have not lived in Los Angeles for over 5 years.
-I have lived in Asia since 2011 and work for the Government (here, not the USA where I am a citizen)

-I have an annually renewable contract and I am not allowed to leave the country
without special permission and permits.

-At today's conversion rates, I make far below the HUD extremely low income
rates for Los Angeles
-I have no income or assets in America.
-My assets in Asia are a Telephone with Fair Market value of $150

Because of my situation here in Asia,I am unable to

-appear to file a motion

-access free legal counsel and clinics

-Send or receive certified or Notarized documents

-Summon or be summoned

-Hire representation

My goal is to have this complaint dismissed

 

1. Is personal jurisdiction measured by where I live or where I have the box?
2. Can you recommend a strategy in pleading or motioning to this summons?

3.If yes to #2, can you refer me to a sample?

Sincere Regards

Lucky Chance

 

[Guest usctrojanalum]

If you can't send notarized documents, can't hire an attorney in the States, appear in anyway to defend the case....  there's really not much you can do.  Do you plan on moving back here anytime soon?  If the answer is "not within next 10 years" I wouldn't worry about it.

[LuckyChance]

This is something I want to take care of for several reasons such as future inheritance and applications for grants and loans.

 

It appears that I can send an answer by regular mail.

I am trying to figure out if there is anything I can put in that answer in prayer to stop this such as out of personal jurisdiction or failure to summons.

 

If anyone can confirm that an answer is the best I can do and how long I have to submit it, I will write one and post it before sending it.

[Guest usctrojanalum]

An answer is a great start, and that would help you out towards your goal.  But there is nothing you can write in your answer that will get the case dismissed.  Cases are never dismissed via answer alone, there is no mechanism for it.

[LuckyChance]

Is this case out of jurisdiction and if it is, is there anything I can do besides list that as a defense?

[Guest usctrojanalum]

Yes, case is out of jurisdiction.  However, you need to move the Court to make a determination.  Simply mailing in an answer and listing lack of personal jurisdiction as a defense does not get the case dismissed. If that was the case every single defendant in the US would just list a bunch of defenses and all cases would be dismissed.

 

The Court has to make a determination, there has to be a hearing, you have to be present either in the form of notarized affidavits or represented by counsel. You mentioned due to your circumstances none of those are really possible, which is why you are basically at a dead end.

[LuckyChance]

I did some more homework and I can get a motion or affidavit notarized (2 day trip)

 

I would like to proceed with demurring or moving as suggested above.

 

I have 1 week to respond 

 

Can I use a demurrer to dismiss on lack of personal jurisdiction?

 

Is there a link to a sample of the demurrer or motion I need to submit to move the court?