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

[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?

 

$5000

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) recorded on 7-16-13

 

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
 

 

I went to the court house to pick up the summons and complaint. My last name is mispelled

 

Case filed 8-14-13
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 

 

After the complaint, There is nothing that says " i swear etc...." signed by an attorney. I assume this is the verification?

I logged into the county court website. Being that Proof of Service of 30-day Summons & Complaint - Substitute (by serving Joe Blow named refused occupant) recorded on 7-16-13, i assume i have 30 days to answer from 7-16-13?

 

What should i do? How to respond?

 

[RyanEX]

California Code of Civil Procedure  Look up section 415.10-415.95, pertains to service of a summons.

When they substitute serve you (give it to an adult at your residence or place of business), they have to follow up by mailing the summons to you. Service is considered complete on the 10th day from when it is mailed, you then have 30 days to respond (so 40 days from the date they mailed it). The proof of service should get added to your file, so look for it, find the exact date they mailed it to get your timeline.

 

I imagine you didn't give serious answers about who is suing you out of precaution, but knowing who is suing you can help us understand what you may be dealing with. Chances are that someone here has dealt with the same plaintiff/firm.

 

Did you answer this right: the last time you paid on this account was 3 months ago?? Who did you pay?

 

What are they suing you for? (Account Stated, Breach of Contract, etc.)

[djrazr]

California Code of Civil Procedure  Look up section 415.10-415.95, pertains to service of a summons.

When they substitute serve you (give it to an adult at your residence or place of business), they have to follow up by mailing the summons to you. Service is considered complete on the 10th day from when it is mailed, you then have 30 days to respond (so 40 days from the date they mailed it). The proof of service should get added to your file, so look for it, find the exact date they mailed it to get your timeline.

 

I imagine you didn't give serious answers about who is suing you out of precaution, but knowing who is suing you can help us understand what you may be dealing with. Chances are that someone here has dealt with the same plaintiff/firm.

 

Did you answer this right: the last time you paid on this account was 3 months ago?? Who did you pay?

 

What are they suing you for? (Account Stated, Breach of Contract, etc.)

 

Since i have received no paperwork, i don't see that as being served. Nobody left anything. I went to the courthouse to pick up the docs

Do i need to go back to the court house to look for proof of service? I thought it would of been added to the docs i picked up. I have received nothing in the mail either

It's a property management  company. Last i paid was 3 months ago. They are suing for breach of contract

[RyanEX]

You should be able to check your case online, keep checking for the filing of the Proof of Service. In my case it took a few weeks for the POS to pop up - I went to the courthouse to check on it and the clerk told me it had been filed about a week after the summons was left at my residence, but they were backed up on paperwork so there was a delay getting it added to my online case file. You can possibly call your clerk's office to ask if it has been turned in yet.

 

The dates in your post are confusing - case filed on 8-14-13 but "Proof of Service of 30-day Summons & Complaint - Substitute (by serving Joe Blow named refused occupant) recorded on 7-16-13"

 

Did you mean Substitute recorded on 8-16-13?

[djrazr]

You should be able to check your case online, keep checking for the filing of the Proof of Service. In my case it took a few weeks for the POS to pop up - I went to the courthouse to check on it and the clerk told me it had been filed about a week after the summons was left at my residence, but they were backed up on paperwork so there was a delay getting it added to my online case file. You can possibly call your clerk's office to ask if it has been turned in yet.

 

The dates in your post are confusing - case filed on 8-14-13 but "Proof of Service of 30-day Summons & Complaint - Substitute (by serving Joe Blow named refused occupant) recorded on 7-16-13"

 

Did you mean Substitute recorded on 8-16-13?

I check daily, and the latest act is Proof of Service of 30-day Summons & Complaint - Substitute (by serving Joe Blow named refused occupant) recorded on 7-16-13"

 

it's actually 8-6-13. Isn't this date Filing of Proof of service?? From this date, my 30 days is up next week, but i never got anything in the mail as a follow up

 

Case filed in 6-14-13

 

Sorry for the confusion

[RyanEX]

Download that Proof of Service, or go back and pick it up from the courthouse. The date the summons was mailed (or the date they claim it was mailed) should be on it, you'll have 40 days from that date.

[djrazr]

Download that Proof of Service, or go back and pick it up from the courthouse. The date the summons was mailed (or the date they claim it was mailed) should be on it, you'll have 40 days from that date.

I will have to go in and get it, but i'll call first. At the very bottom of the summons it says "use form POS-010 for proof of service". There was no form POS-010 in the packet i picked up, so i'll call and verify, or go in and ask for it. I will update here

 

thanks

[shellieh98]

you said you picked docs up from the court, what docs did you get?  Also you paid 3 months ago, was this a lease that was broken? 

[Anon Amos]

I will have to go in and get it, but i'll call first. At the very bottom of the summons it says "use form POS-010 for proof of service". There was no form POS-010 in the packet i picked up, so i'll call and verify, or go in and ask for it. I will update here

 

thanks

You can download it and other forms at WWW.courtinfo.ca.gov , and you have 30 days from the day you receive the summons.

[djrazr]

you said you picked docs up from the court, what docs did you get?  Also you paid 3 months ago, was this a lease that was broken?

I picked up the summons and complaint.

The lease wasn't broken. The property was sold and I owed some back rent to the old landlord

[shellieh98]

If you went to the court house and picked up the summons, you are served, you served yourself, so nothing else really matters except getting it answered by the 30 day mark that is listed, if you don't, they will get a default. You can use a general denial. What are the causes of action listed in the complaint?

[djrazr]

You can download it and other forms at WWW.courtinfo.ca.gov , and you have 30 days from the day you receive the summons.

There is nothing regarding my case on that website. I put in my name and the case number and nothing is there

[djrazr]

If you went to the court house and picked up the summons, you are served, you served yourself, so nothing else really matters except getting it answered by the 30 day mark that is listed, if you don't, they will get a default. You can use a general denial. What are the causes of action listed in the complaint?

I served myself? How do they know I picked up a copy? I picked up copies I didn't sign anything saying that I took it. The only date on here is the one saying it was file on June 13th. If they said I was surved also did not get anything in the mail as a follow up. Am I supposed to get something in the mail to 10 days after they said I was served?

Complaint is breach of contract and common count money had and recieved

Sorry this talk to text isn't working too well

[djrazr]

I will file the general denial form. What do I put on it? Do I bring it back to the courthouse and drop it off or do I mail it etc..

[Anon Amos]

There is nothing regarding my case on that website. I put in my name and the case number and nothing is there

That website is where you can get forms such as a general denial or answer form. You can look up your case information on your court's website.

Make sure the complaint is not verified before you use the general denial. If it's verified there will be a page that says "verification" on top with some information and the lawyers signature.

You bring the general denial back to the court and file it with the clerk with a proof of service form, you also have to send a copy of the general denial and a proof of service to the lawyer.

You have 30 days to answer; so you can use that time to learn.

[djrazr]

That website is where you can get forms such as a general denial or answer form. You can look up your case information on your court's website.Make sure the complaint is not verified before you use the general denial. If it's verified there will be a page that says "verification" on top with some information and the lawyers signature.You bring the general denial back to the court and file it with the clerk with a proof of service form, you also have to send a copy of the general denial and a proof of service to the lawyer.You have 30 days to answer; so you can use that time to learn.

, according to the website my 30th day is tomorrow from the date they filed proof of service. On the summons and complaint I got there is no verification with any lawyers signature. There is only one lawyer signature and that's at the end of the complaint, where it says what I'm being charged for.

[Anon Amos]

, according to the website my 30th day is tomorrow from the date they filed proof of service. On the summons and complaint I got there is no verification with any lawyers signature. There is only one lawyer signature and that's at the end of the complaint, where it says what I'm being charged for.

I was going to say that you might be running out of time (after reading these post more). Get it filed, it has to be on time. There is not much to the general denial form.

From there, if you are going to fight it; learn about sending them a Bill of Particulars or discovery (request for production of documents).

You cannot be late filing the general denial with the court clerk.

[Anon Amos]

at the end of the complaint, where it says what I'm being charged for.

What does it say, what are the causes of action against you?

[djrazr]

I went to the courthouse, The docs are un verified and there is no proof of service in the file. Basically my 30 days hasn't even started yet? I had to go to records to get the proof of service and they don't have it.

What I don't understand is on the site it says proof of service of 30 days summons and complaint filed, but they don't have proof of service in my file. I went to the self-help room and they told me I can't file an answer until I get that date on the form

Breaching contract for money owed

[shellieh98]

If this were me, and the site says proof of service, and complaint filied, I would answer it.  you know about it,, and if you argue semantics, you may end up with a default judgement even if it was sewer service. Don't always trust what the clerk tells you.  

They don't just give complaints and summons to anyone, if you picked them up, I bet it is on record.  Be safe, not sorry, get your answer done and filied by tomorrow.  Then we can help you dispute this case.

 

here is a general denial form.

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&cad=rja&ved=0CDUQFjAA&url=http%3A%2F%2Fwww.courts.ca.gov%2Fdocuments%2Fpldc010.pdf&ei=8L0gUpaBEMa72AWm-YCACA&usg=AFQjCNF31TjLYMDrgFWj-pdtwvebAtokfA&sig2=aKXHrT3WDGnO5GIc7SVFsQ&bvm=bv.51495398,d.b2I

 

If you cannot afford filing fees, here is a form to get a waiver.

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&sqi=2&ved=0CD4QFjAA&url=http%3A%2F%2Fwww.courts.ca.gov%2Fdocuments%2Ffw001.pdf&ei=wL4gUqyoCI6WqAGcxoCADw&usg=AFQjCNGLbXgZuEqdV_Z7l-6-g-J4nI3yew&sig2=GXvKKGkw_ItsXb2typ5vKw&bvm=bv.51495398,d.aWM

 

Here is a link for self help

http://webcache.googleusercontent.com/search?q=cache:NO-XfKQ7KR4J:www.saclaw.lib.ca.us/pages/responding-lawsuit.aspx+&cd=1&hl=en&ct=clnk&gl=us

 

 

 

[djrazr]

Okay I have the general denial form. Sorry I do not know how to fill out this form

.

Attorney or party without attorney's name and addres

s:

My name and address and phone number

insert name of court, post office and address

Plaintiff:

Def: me

Answer contract

To complaint of name? My name goes here, or do I check to cross complaint?

1. Do I need to add any paperwork other than just this form?

2. Def, me

3. I assume I check box A defendant generally deny each statement of the complaint

2. Defendant has no information or belief of the following statements are true so defend it denies them

What do I put here. Do I put un verified?

Short title?

4. Affirmative defenses defend it alleges the following additional reason that plaintiff is not entitled to recover anything?

6. Defendant praise that plaintiff take nothing

B. Cost of suit

C. Other

Very sorry I believe tomorrow is my last day I am using talk to text my fingers are too big to text I do not have a computer so I'm using my phone. I do not know how to fill out this form

[shellieh98]

Attorney--put the law firm handling the suit. (party without attorney just means if they were doing it pro se, they would be the plaintiff in that section)

 

next, name of court, should be at the top of your complaint.

 

Plaintiff--the person that is suing you, not their attorney, but the plaintiff in the suit.

 

Defendant-- you.

 

check the box that says "to complaint of (name) and put in plaintiffs name.

 

then where there are numbers---1.  write in 1. (means one page, the page you are submitting for an answer)

2.  Your name.

3. check box a.

4.  You can put an affirmative defense, such as "plaintiff lacks standing", any others you use you may be required to prove.

5.  leave blank

6.  check box b.

print and sign your name.

 

Take it to the court and file it, also file a proof of service that you sent one to the attorney for the plaintiff.  Take a copy of it and mail it to the attorney certified return receipt requested.

[shellieh98]

oh change that to 2 pages for number 1.  and short title is just to show the pages go together, so you can title it answer to complaint of plaintiffs name.

[shellieh98]

you might go to the library and print it off, then just fill it in by hand, and copy and then file it.

[djrazr]

Attorney--put the law firm handling the suit. (party without attorney just means if they were doing it pro se, they would be the plaintiff in that section)

next, name of court, should be at the top of your complaint.

Plaintiff--the person that is suing you, not their attorney, but the plaintiff in the suit.

Defendant-- you.

check the box that says "to complaint of (name) and put in plaintiffs name.

then where there are numbers---1. write in 1. (means one page, the page you are submitting for an answer)

2. Your name.

3. check box a.

4. You can put an affirmative defense, such as "plaintiff lacks standing", any others you use you may be required to prove.

5. leave blank

6. check box b.

print and sign your name.

Take it to the court and file it, also file a proof of service that you sent one to the attorney for the plaintiff. Take a copy of it and mail it to the attorney certified return receipt requested.

Do I have to check box number 4 for affirmative defense? Why plaintiff lacks standing?

No where do I have to state were this is unverified? What part of the court do I file this form?

I just send this form to the attorney?