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LRLO & EQUABLE ASCENT...court date set without being served


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ok..here we go again...

 

On January 12,2013, I received a letter from Legal Recovery Law Offices representing Equable Ascent Financial, stating that their client was ready to proceed with the filing of a lawsuit against me.  NOTE:  They dismissed a lawsuit, on this same account, against me in 2011.  Never heard back from them until today. 

 

Today I received a letter from LRLO, on pleading paper: Notice of Case Reassignment and Certificate of Service.  It gives me a case number and further states, THIS NEW CASE NUMBER SHOULD BE USED FOR ALL FURTHER PURPOSES.  It gives me a court location, different from previous case and also states, ALL HEARINGS AND TRIAL DATES REMAIN THE SAME, BUT WILL BE HEARD IN THIS NEW DEPARTMENT.

 

I was never served by them!!!!

 

How can they have a court reassigned and a new case number if I was never served by them???

 

I went to look up my old case, the one that was dismissed in 2011, on the county website and it shows the old case number  reassigned a new one and the old courthouse assigned a new one.  What does this mean? 

 

THIS IS A VIEW OF THE CASE SUMMARY OF THE NEW CASE NUMBER

 

 

 

Case Number: 12C.....
EQUABLE ASCENT FINANCIAL, LLC VS. ME

Court: Chatsworth Courthouse

 

Original Case Number: 12C.......
Original Court: Michael Antonovich Antelope Valley Courthouse

Filing Date: 12/07/2012
Case Type: COLLECTIONS CASE (Limited Jurisdiction)
Status: PENDING

 

 

Future Hearings

06/12/2013 at 08:30 AM in department F43 at 9425 Penfield Ave., Chatsworth, CA 91311
OSC - 3.740 COLLECTIONS-PROOF OF SERVICE

 

Parties

 

Plaintiff: EQUABLE ASCENT FINANCIAL LLC
Attorney: LEGAL RECOVERY LAW OFFICES, INC. - ANDREW P RUNDQUIST

Defendant: ME
Attorney: None

 

Histories (Dates listed in descending order)

 

03/31/2013 * EFFECTIVE 04/29/2013

03/31/2013 * CASE REASSIGNED TO THE CHATSWORTH COURTHOUSE

03/31/2013 * IN DEPARTMENT F43 AT 8:30 AM

03/31/2013 * FUTURE HEARING DATE(S) REMAIN THE SAME

03/31/2013 * CASE RENUMBERED FROM ATP12C.... TO CHA12C....

03/08/2013 SERVICE RE: SUMMONS, COMPLAINT, ADR INFO, AND NOTICE OF
ASSIGNMENT RETURNED NOT FOUND/NO SERVICE AS TO (ME) FILED. COSTS OF $ 57.50 .

03/08/2013 SERVICE RE: SUMMONS, COMPLAINT, ADR INFO, AND NOTICE OF
ASSIGNMENT RETURNED NOT FOUND/NO SERVICE AS TO (ME) FILED. COSTS OF $ 57.50 .

03/08/2013 SERVICE RE: SUMMONS, COMPLAINT, ADR INFO, AND NOTICE OF
ASSIGNMENT RETURNED NOT FOUND/NO SERVICE AS TO (ME) FILED. COSTS OF $ 57.50 .

01/03/2013 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED
AND FILED BY BRIAN C. YEP TO SHOW WHY SANCTIONS SHOULD
NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE
PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON
06/12/13 AT 08:30A M., IN DEPT. A10 . CERTIFICATE OF
MAILING FILED.

12/07/2012 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
006.

12/07/2012 SUMMONS ISSUED.

12/07/2012 SUMMONS FILED.

12/07/2012 NOTICE OF CASE ASSIGNMENT ON FILE. CASE IS ASSIGNED TO
DEPT. A10 OF HONORABLE BRIAN C. YEP .

 

 

 

 

Dont know exactly what to do.  I know of the courtdate now, without being served.  Am I now responsible for ansering this complaint without being served?  How can I properly answer complaint without being served?  Do I show up to the courtdate and tell the judge I was never served?  It seems like theyve been trying to serve me without any luck.  They are using an old address.  I moved in november of 2012.  Do I contact them at all?  Not sure on how to proceed on this.

 

Any help would be greatly appreciated.

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It looks like the case is for sanctions against them for no service. I would call the clerks office to be sure you are not supposed to be there.

 

 

It does appear that is the case.  Im also confusewd as to why this was reassigned to a different court, and why the old case that was dismissed was issued a new case number

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It looks like theyve been trying to serve me at my old address.  Should I pretend as if I dont know about this?  I did receive a notice of cae reassignment, so I do have knowledge of the case, but still they havent served me. 

 

Im really not sure on how to proceed on this

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Can someone explain what this means.  This was on the Notice of Reassignment:

 

 

For the purpose of filing a CCP 170.6 motion, the judicial officers assigned to the department will be posted on the Courts website.  The judcial offiocers will generally hear all matters up to trial and then normally reassign the case to a master calendar department for trial assignment

 

Thanks for all your help

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Ok.  I do not see anything on the docket where plaintiff claims to have served you.  Indeed, it appears that an OSC for failure to serve was issues and plaintiff several times said that it can't serve you.

 

I know you find this hard to believe, but I think this JDB's records are in disarray.  The left hand has your correct address but the right hand seems to want to serve you at your old address. 

 

THe reassignment is likely due to court consolidation or other case management reasons. 

 

I don't see anything other than an OSC hearing set for 6/12/13 in the newly assigned courthouse.  Check with the COurt to make sure.  You need not do anything until you are served.

 

If you are served, ping me again.  Depending on the reasons for the previous dismissal, I think it may be a Rosenthal Act violation to file repeated cases against a debtor.  I may be able to help you find a lawyer that agrees with me.

 

Good luck.

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