Being Sued - Proof of Service of 30-day Summons & Complaint

[djrazr]

I am being sued, and they have my last name spelled wrong. I look it up the county court and see that my last name is still wrong. Today i noticed there is a Proof of Service of 30-day Summons & Complaint Substitute (by serving John Doe named refused occupant). I played the game and i didn't refuse any occupancy. I just stated who they are looking for, is not here, because they spelled my last name wrong. No papers were ever left, nothing to sign, nothing!

Now looking on the website i noticed under my real last name, there is already a judgement i knew nothing of from some debt collector. An abstract was issued 8 months ago. Nothing has happened of this. Nothing...i just happened to look and seen it on the site. So i have a judgement under my real last name, and another potentially under my wrong last name. 

 

With neither of these cases, i have received nothing from the county court house. 

I have terrible credit..do i care, no. I already have a judgement, do i care if i get another one? I dunno, i do have a business, just leased a car, and rent an apt. I don't really owe anything of value. I do have my own business, but what i own there has really no value. 

 

Now, i do have a gf and we plan on moving in together, moving in a couple months. i'm dropping the business and will open another in my new city

 

Is it even worth it to file BK, with already a judgement on record and maybe another? It's not like anyone is blowing my phone or harassing me

suggestions, thoughts?

[shellieh98]

depends.  Judgements last as long or longer than 20 years if they renew it.  They can do a debtor exam and collect on it 1 year, 5 years, or 10 years from now, along with huge fees and interest.

 

I would answer that complaint, and i would file a motion to vacate the judgement on the other one, stating you were never served.

 

You may want to buy a house someday, and then it would hurt you.

[djrazr]

depends.  Judgements last as long or longer than 20 years if they renew it.  They can do a debtor exam and collect on it 1 year, 5 years, or 10 years from now, along with huge fees and interest.

 

I would answer that complaint, and i would file a motion to vacate the judgement on the other one, stating you were never served.

 

You may want to buy a house someday, and then it would hurt you.

 

 

I know of how long judgements can last, and they can renew. 

Which one do i answer too? Which one to file a motion to vacate the other? How would i go about filing a motion to vacate?

Real or mispelled name?

[RyanEX]

You would answer the new suit they are currently trying to serve you on. The motion to vacate would be for the judgment that was entered against you previously. I'm unaware of the process for filing this motion - do a search (top right corner of the page) and see what comes up for motion to vacate.

[shellieh98]

If you need help answering the current suit we can help you,  Answer the questions here in this thread that are posted in the sticky topic "Q's to answer when posting in this forum"  Then we can help you with how you need to answer.  @Seadragon probably has a motion to vacate all ready to redact for the one that is a judgement.

[djrazr]

1. Who is the named plaintiff in the suit?

Little guy investments LLC

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

 

Kobe Bryant and Lebron James INC

3. How much are you being sued for?

 

The wrong dollar amount. I have proof in receipts that i owe less than what they say i owe

4. Who is the original creditor? (if not the Plaintiff) 

 

The Plaintiff

 

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

 

I had someone try to locate me, but name is wrong. Looked on website under wrong name and found it

6. How were you served? (Mail, In person, Notice on door)

 

person, but no docs were left

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

 

yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

 

LA county, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3 months ago

11. What is the SOL on the debt? To find out:

 

Still valid

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). 

 

Proof of Service of 30-day Summons & Complaint - Substitute (by serving Joe Blow named refused occupant)

 

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

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?

 

Doesn't say but i assume 30 days to answer summons. I don't have any docs. Nothing was left. Person they were looking for was not here.  All i know is what's online, and it's not much



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

 

Didn't receive docs


 

[Seadragon]

http://sandiegolawlibrary.org/wp-content/uploads/2013/04/Motion_to_Vacate_a_Default_Judgment.pdf

 

 

http://www.google.com/url?sa=t&rct=j&q=motion%20to%20vacate%20default%20california&source=web&cd=3&ved=0CEwQFjAC&url=http%3A%2F%2Fwww.sblawlibrary.org%2Fuploads%2F7%2F3%2F1%2F1%2F7311175%2Fsbcll_motion_to_vacate.doc&ei=Y9QJUvC3I6TCywH0kYDADQ&usg=AFQjCNEDIEi7iRBPwIrylFD5LEgqCqKjXw

 

Save the document then view it it is at the bottom of the paper

 

 

http://sjconsumerlaw.com/lawsuit-defense/vacating-a-default-judgment good explaination of what to do.

 

http://www.saclaw.lib.ca.us/Uploads/files/Step-by-Step/SbS-Motion-to-Set-Aside.pdf

 

http://www.google.com/#bav=on.2,or.r_qf.&fp=992ccbd5dbd14e6a&q=motion+to+vacate+default+California

 

 

all these are good, also if the original complaint is unverified then a general denial can be used in the Proposed answer

Long form General Denial.doc

 

You are going to need proof you were not served, or were in a coma, or whatever the reason is as the court is not gonna like going through the motions if you owe already, However they do have to allow a defense.

 

look into the court record for that case and see if the CCP585 declaration is sworn under the laws of California (CCP2015.5) if it is an out of state affidavit or declaration and it is missing the jurat the "I swear under penalty of perjury under the laws of California..." then the default would be void because the declaration is inadmissible. It could be attacked that way. Sloppy is as sloppy does.

[Seadragon]

If you need help answering the current suit we can help you,  Answer the questions here in this thread that are posted in the sticky topic "Q's to answer when posting in this forum"  Then we can help you with how you need to answer.  @Seadragon probably has a motion to vacate all ready to redact for the one that is a judgement.

Sometimes I don't have something but am always willing to help make one so we can post a redacted version and buildup the library.

[djrazr]

 

http://sandiegolawlibrary.org/wp-content/uploads/2013/04/Motion_to_Vacate_a_Default_Judgment.pdf

 

 

http://www.google.com/url?sa=t&rct=j&q=motion%20to%20vacate%20default%20california&source=web&cd=3&ved=0CEwQFjAC&url=http%3A%2F%2Fwww.sblawlibrary.org%2Fuploads%2F7%2F3%2F1%2F1%2F7311175%2Fsbcll_motion_to_vacate.doc&ei=Y9QJUvC3I6TCywH0kYDADQ&usg=AFQjCNEDIEi7iRBPwIrylFD5LEgqCqKjXw

 

Save the document then view it it is at the bottom of the paper

 

 

http://sjconsumerlaw.com/lawsuit-defense/vacating-a-default-judgment good explaination of what to do.

 

http://www.saclaw.lib.ca.us/Uploads/files/Step-by-Step/SbS-Motion-to-Set-Aside.pdf

 

http://www.google.com/#bav=on.2,or.r_qf.&fp=992ccbd5dbd14e6a&q=motion+to+vacate+default+California

 

 

all these are good, also if the original complaint is unverified then a general denial can be used in the Proposed answer

 

 

You are going to need proof you were not served, or were in a coma, or whatever the reason is as the court is not gonna like going through the motions if you owe already, However they do have to allow a defense.

 

look into the court record for that case and see if the CCP585 declaration is sworn under the laws of California (CCP2015.5) if it is an out of state affidavit or declaration and it is missing the jurat the "I swear under penalty of perjury under the laws of California..." then the default would be void because the declaration is inadmissible. It could be attacked that way. Sloppy is as sloppy does.

 

So i have 30 days to respond even though i got no docs in the mail or in person because on the site, it states Proof of Service of 30-day Summons & Complaint - Substitute (by serving Joe Blow named refused occupant)? 

 

 

How would i of even known to respond, unless i looked at the site? Does the plaintiff just hope i don't respond, as to why they do this? They can care less if i get them or not,  since they attempted to deliver?  They hope i don't know anything about the site to look it up?

 

How do i know if the original complaint is unverified? It doesn't say on the site if it is or isn't 

 

 

Also - This company states that i owe this money that i have only paid 5 times, but i have paid 7x. I have receipts to prove i paid 7x and not 5 times as stated, so the dollar amount will be wrong in their docs of which they say i owe

 

I don't know how long it takes for a judgement hit, once it gets submitted, but i can always say screw it and file BK?

[shellieh98]

yes, they are claiming substitute service, so you are considered served.  If you don't answer they can get a default judgement.

[djrazr]

yes, they are claiming substitute service, so you are considered served.  If you don't answer they can get a default judgement.

 

The system is stupid..wow. So now i need to answer. I'd like to file a general denial, but nowhere does it says the complaint is verified or not. What should i answer with?

[shellieh98]

I would go to the court and get the summons, then you can tell if it is verified, and how to answer. Yes they hope you don't respond because that is how they make most of their money....through default judgements

[Seadragon]

better option make two answers one using the form http://www.courts.ca.gov/documents/pldc010.pdf and one using Long form General Denial.doc

then go to the court look at the court record and file a feew waiver http://www.courts.ca.gov/documents/fw001.pdf  and http://www.courts.ca.gov/documents/fw003.pdf

 

look to see if the complaint is verified if it is go back home and we will go from there if it is you can file the pldc answer if it isn,t then general denial. Today would be the best day to do this, I would call in sick and handle this.

[djrazr]

Should i reply now, or wait until day 28 or so? Does it make a difference? They do have to wait till 30 days before they can file a judgement vs me correct?

[djrazr]

I have a copy of the summons and complaint.

Case filed 6-13-13

I don't see anything regarding verification?

At the bottom there is

Notice to the person served - blank

1. As an individual defendant - blank

2. As the person sued under the fictitious name of - blank

3. On behalf of

a bunch of CCP boxes - blank

4. By personal delivery on - blank

It says for proof of service of this summons use proof of service of summons form pos-010

there is no POS-010 attached

[djrazr]

anyone?