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Sued in California but live in Georgia


jeff1232
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My sister was served with papers by Midland suing me in Orange County California.  My legal residence is in Georgia and I live in Georgia.

 

I've read how to fight them but how do I get this case moved to the jurisdiction where I live or should it be dismissed?

 

Thanks

 

Jeff

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Hmm. My thought is that you can't be sued where you don't live. You could get it moved to Georgia, in your jurisdiction, but then you are just letting them know where you really live so they can sue you properly. Of course they can get a judgment against you here, and may lead to legal hassles you don't want either.

 

Go to this thread and answer the questions so we can understand your case and be able to help you better. http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/. Post the answers back here, be vague about some of the details so any possible lurkers can't identify you.

 

In CA you have 30 days to answer a summons, you get additional days if it was substitute served like it was in this case. Take the time to gather some opinion before you communicate anything to the plaintiff.

 

I'm wondering what the differences in the Statute Of Limitations (SOL) might be between Georgia and California (depending on your original creditor), and if you might be able to use this to your advantage.

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Who is the named plaintiff in the suit?

 

XXXXX

 

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

 

Midland Funding LLC

 

3. How much are you being sued for?

 

$2000

 

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

 

Citibank

 

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

 

my sister was served and I don’t reside in the state and haven’t for the past 4 years

 

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

 

she was served in person

 

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

 

Don’t’ know

 

Process Service Requirements by State - Summons Complaint

 

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

 

no

 

9. What state and county do you live in?

 

Georgia

 

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

 

approximately 4 years ago

 

 

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

 

4 years

 

Statute of Limitations on Debts

 

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).

 

served

 

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?

 

30 days and no interrogatory

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

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

 

none

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Call the court clerk for the courthouse you have received your summons from. Reach the civil department and explain your situation. Let them know that you need to answer to complaint and that you are out of state. Ask about the fees, the fee waiver form, the proper state procedures and the best way to provide the answer to complaint form. Sadly, our courts are not as technologically advanced as we would want them to be, but some do accept fax filings and other forms of electronic communications.

After you get all your information, complete your summons response. Print it, save it, make sure that everything is correct before you follow the usual filing instructions.

I think California has the proper forms on the courts website. I don't know the proper procedure for California as to if you file a motion to dismiss for wrong venue/ juristriction or if you answer the summons. California rules of civil procedure will tell you, but call the clerks office of the court the case is in and ask.

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Jeff, you have 30 days to respond to a summons when personally served, but CA code provides for additional time when substitute served, which is what Midland did when they handed your sister the summons. Per code, whoever delivered that summons needs to also place a copy of it in the mail, addressed to you, and send it to the same address. Service is considered complete on the tenth day after it is placed in the mail, then your 30 days start. So, effectively, you have 40 days to respond from time it is mailed.

 

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95
 

 

415.20.

     (a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

     ( B) 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 complaint at the 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 complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

 

 

 

Just want you know you have additional time to weigh the options.

 

Of course we don't trust that a JDB will always truthfully represent how service was done; have to guard against those who would falsely claim personal service to keep it at 30 days. Has your sister received an additional copy of the summons via mail? Make sure she keeps the contents and the envelope. Has Midland filed proof of service with the court and can you access the record online?

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I need to answer this summons and am confused about what form to submit......

 

thanks

 

It seems that you may have a FDCPA violation. If you do, a lawyer may be able to represesent you for fee because of the fee-shifting provision of the FDCPA, which provides for attorneys' fees. At least have a lawyer advise you. It's a whole lot easier than doing it yourself.  Contact www.skaarandfeagle.com  There is no charge for a consultation, and if you have a FDCPA claim,  probably no charge to represent yu.

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I found the case online.  It doesn't say that I was served.  Maybe it never does.  It only has the date of filing.

 

I called the court and due to budget cutbacks, no one answers the phone and it seems self help is only in person.

 

I looked online for the correct form and there are so many, I have no idea what to use.

 

Can anyone tell me what form number I need to respond to this and does it also have to be sent to the plaintiff?

 

Thanks

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It should show you as being served, so that's very interesting.

Did you explain that you're in another state? OC is always bankrupt it seems.

I don't believe there is a judicial form, rather you must file a motion. A motion is basically you asking the court to do something. In this case I think a motion to quash is what you're looking to do, correct?

Here:

http://www.occourts.org/self-help/civil/motions.html

Read this and I'll see about finding the actual format for you. Give me a bit though, I, supposed to be working...sshhh.

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