novack67

Help? Not sure what I am required to do here...

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I don't understand any of this but it seems I am due in court on 8/22/2013 after being sued by Cap 1. What confuses me is the 'Vacated' posted under Disposition. What does this mean and any advice for my court date? Do I even actually have a court date since it says 'Vacated' next to it? My only income is and has been student grants for the last 2 1/2 years and before that I was unemployed and on medical disability (at the time of the original court date) for depression and suicidal issues. I don't even drive a fully legal vehicle (because I can't afford the repairs to make it smoggable). I am trying to deal with this without spiraling back into the depression so any help would be appreciated.

 

Thank you beforehand!

 

 

 

 

 - CAPITAL ONE BANK VS P

 - Complaints/Parties 

Complaint Number:

0001 — COT Complaint (Collection - Temecula) of CAPITAL ONE BANK USA NA 

Original Filing Date:

02/03/2010

Complaint Status:

Judgment 06/25/2010

 

Party Number

Party Type

Party Name

Attorney

Party Status

Plaintiff 

CAPITAL ONE BANK USA NA 

AEB

Judgment 06/25/2010 

Defendant 

J P 

Unrepresented

DEFAULT/JUDGMENT ENTERED 06/25/2010 

 



- Actions/Minutes 

 

Top of Form

Bottom of Form

Viewed

Date

Action Text

Disposition

Image

 

06/22/2020 8:30 AM 

DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT) 

 

  

 

08/22/2013 10:00 AM  

HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). 

Vacated 

  

 

Minutes    

 

 

 

08/30/2010 

ABSTRACT OF JUDGMENT ISSUED 

Not Applicable 

  

         

06/25/2010 

JUDGMENT BY DEFAULT BY CLERK FILED 06/25/10 

Not Applicable 

Top of Form

 

Bottom of Form

 

         

06/11/2010 

REQUEST FOR ENTRY OF DEFAULT AND CLERK'S JUDGMENT ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA AS TO J P  

Not Applicable 

Top of Form

 

Bottom of Form

 

         

06/11/2010 

REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA 

Not Applicable 

Top of Form

 

Bottom of Form

 

         

06/11/2010 

DECLARATION RE COSTS PURSUANT TO C.C.P. 1033 FILED BY CAPITAL ONE BANK USA NA 

Not Applicable 

Top of Form

 

Bottom of Form

 

         

02/24/2010 

PROOF OF SERVICE ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA SERVED ON J P WITH SERVICE DATE OF 02/20/10 FILED.(PERSONAL SERVICE) 

Not Applicable 

Top of Form

 

Bottom of Form

 

         

02/03/2010 

SUMMONS ISSUED ON COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA AND FILED. 

Not Applicable 

Top of Form

 

Bottom of Form

 

         

02/03/2010 

CERTIFICATE OF COUNSEL FILED. 

Not Applicable 

Top of Form

 

Bottom of Form

 

         

 

02/03/2010 

HEARING RE OSC FOR FAILURE TO FILE DEFAULT JUDGMENT SET 8/22/13 AT 10:00 IN DEPT. T1. 

 

  

         

 

02/03/2010 

COMPLAINT AND PARTY INFORMATION ENTERED - COLLECTION - TEMECULA. 

Not Applicable 

  

         

 

02/03/2010 

DIRECTLY ASSIGNED TO DEPARTMENT T1 FOR CASE MANAGEMENT PURPOSES (COLLECTION) TEMECULA. 

 

  

         

 

Minutes    

 

NOTICE SENT TO E A B ON 2/05/10

02/03/2010 

LIMITED CIVIL-GENERAL CIVIL COMPLAINT FOR COLLECTION UNDER $10,000 CRC 3.740 FILED 

Not Applicable 

Top of Form

 

Bottom of Form

 

         

 

Minutes    

 

Receipt:         $235.00

 



 - Pending Hearings 

Date

Action Text

Disposition

Image

08/22/2013 10:00 AM DEPT. T1 

HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). 

Vacated 

  

06/22/2020 8:30 AM DEPT. TEDST 

DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT) 

 

  

 
 

 

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08/22/2013 10:00 AM  

HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). 

Vacated

 

This is where I get lost, also most everything reads 'Not Applicable' next to it. Another confusing issue here for me.

 

Thank you!

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Sorry I missed adding this to my original post!! 

 

 

1. Who is the named plaintiff in the suit?
 
CAPITAL ONE BANK USA
 
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
 
Attorney Information:    Name: BLEIER, ELIZABETH A        Address: 16130 VENTURA BLVD
SUITE 620   City, State, Zip: ENCINO, CA 91436-2568-  This is all that is listed on the court site.
 
3. How much are you being sued for?
 
UNDER $10,000 (I believe it was less than $2000 originally)
 
4. Who is the original creditor? (if not the Plaintiff)
 
N/A
 
5. How do you know you are being sued? (You were served, right?)
 
I was not served myself. Someone gave my underage child paperwork when I was not at home though. A year later some papers came to our newer residence at the time, but they didn’t require any reply, just listed the court date for August 2013.
 
6. How were you served? (Mail, In person, Notice on door)
 
In Person.
 
7. Was the service legal as required by your state? 
 
I don’t know. Is it legal to serve to a minor? From what I have read, no, but the mumbo jumbo is confusing.
 
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?
 
California, Riverside County.
 
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
 
2008.
 
11. What is the SOL on the debt? To find out: 
 
4 years from what the link seems to state.
 
12. 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).
 
See post. It says ‘Vacated’ next to the next trial date….
 
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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
 
No.
 
15. 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? 
 
Not sure how to answer this one. I did not respond to the original and the second did not request any response from what I recall.
 
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
 
I do not recall as it was over 3 years ago and I have moved 3 times since then. I can’t locate where the original paperwork is so far.
 
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vacated means a  motion filed with the court seeking to set aside a previously rendered decision or judgment entry.  Undoing a previous court order.  So it looks like from what I can tell, they have a default judgement against you.  But don't panic! If you were never served, it can be vacated.  I would go to the court and ask for the file.  If there is a judgement against you, fill out a motion to vacate, the clerk should have a template, if not you can find one online, or on your court site.  You can ask the clerk if you need to appear in aug., but I think that is the plaintiff filing to vacate sanctions brought against them.

If it is vacated, then it is like the suit didn't happen, and if they come after you again, come back, and the guys from califronia can help you.  I think the sol would be up by then, as long as this judgement didn't toll it.

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I was served... well my underage child was served while I was not home. 

 

"...but I think that is the plaintiff filing to vacate sanctions brought against them." Who would have filed sanctions against them in my case? 

 

So the term 'Vacated' as in past tense, already done, makes no sense to me listed by a court date that has yet to happen. I wish I could afford to see the paperwork and minutes so I might understand what is going on here. It's frustrating. 

 

I can't go to the court because my car is illegal, but if I did manage to get there somehow could I see my court paperwork without being charged a fee? You'd think I could see this online for free as I am the one being sued, but they want a boatload for the paperwork. {Minutes         $235.00}. Sigh.

 

Thank you for the help. I'm still lost though. LOL! 

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It's not a trial date. It says hearing: order to show cause why plaintiff should not be sanctioned (fined) for failure to file for default judgment. It's vacated, so it looks like they dropped it. The court wanted the plaintiff to explain to the judge why he/she should not charge them for not filing for default (when you did not respond to the complaint(lawsuit). The plaintiff did not handle the paper work & the court did it for them and is considering charging them for it (is how it looks to me) It looks like you were served a lawsuit and did not file an answer or respond to it, and a default judgment was ordered against you.

You will need to see your case file and make sure, they won't charge to see it (only for copies), you may even be able to call the clerk and find out something. Check the court website & see if it shows your case. It looks like no trial, they already have a court order against you (sorry to say). Good Luck.

Edit: originally I was going to say file a motion to dismiss, as it looked like they case slipped thru the cracks. But at the top of the post it says default judgment entered 6-25-10, which is not good. Check with the clerk.

Try not to let it depress you (you mentioned previous problem) as this stuff can be very depressing, it sounds like you are probably judgment proof, and if you have a default entered against you; you should look into that.

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Hmm. Ok! This doesn't show on my credit and they haven't taken or attached any tax refunds or anything (three years almost since the judgement), so it threw me for a loop as to what the August court date was about. 

 

I'll take your advice and take a look into the file but I'm just happy that it looks like I don't need to go to court. 

 

Thank you!

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Hmm. Ok! This doesn't show on my credit and they haven't taken or attached any tax refunds or anything (three years almost since the judgement), so it threw me for a loop as to what the August court date was about. 

 

I'll take your advice and take a look into the file but I'm just happy that it looks like I don't need to go to court. 

 

Thank you!

Your welcome. It is a bit odd, really don't know what to think of it. Definitely look into it and make sure.

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08/22/2013 10:00 AM  

HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). 

Vacated

 

This is where I get lost, also most everything reads 'Not Applicable' next to it. Another confusing issue here for me.

 

Thank you!

The reason the OSC was vacated was they filed the default judgment and you have a Judgment against you. it is 2 years old. They haven't raided your bank account because you are on disability and have a grant which they cannot touch but as soon as you work they will try.

 

I would try to motion to vacate the default judgement as you had a compelling reason(your illness) and have recieved treatment and just found out about the default. also put that the process server left the paper with a minor who threw it away thinking that it was jehovas witness literature. and you just found out about it looking on the courts website for random collections cases to observe the proceedings for research for a book and you are ready to defend.

 

I believe we have a motion for that here and you can use a general denial. also if it gets vacated then it is probably SOL check around the statute of limitations may have ran out before they filed the case.

 

let me know if I can help.

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How old was your "underage" child on the date of service?

 

 

. . . the process server left the paper with a minor who threw it away thinking that it was jehovas witness literature

 

Seadragon, look closely at that excuse and let me know if you still think it holds water. 

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In most states they only have to be 13 or 14.  However, in California, it seems to be 18 years. 

 

http://www.creditinfocenter.com/legal/process-service-requirements.shtml

 

 

 

2. If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.)

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