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I was served by mail and according to this link  it says mailing in California deems proper service? Tell me if I am wrong

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

Read up 415.30

 

Looks like they can attempt to serve you via mail, but it is viable only under a few conditions:

1) They must include notice & acknowledgement that you are being served pursuant to 415.30. To paraphrase: "We are attempting to serve you, if you don't return the acknowledgement we provided in 20 days, we'll try to serve you by other means and you will be liable for reasonable expenses made in that effort."

2) The letter/summons needs to contain a self addressed envelope to return the acknowledgement.

 

Service is considered complete on the date you sign the acknowledgement, which you subsequently return to them. Far as I can tell, if you don't return that acknowledgement then you have not been served and they'll have to pay someone to try and do personal service. IMO they want to avoid paying the process server fee upfront and figured they would give this a shot.

__________

 

The other possibility is that, like shellieh writes above, they substitute served a family member at your residence or someone at your workplace and they are sending the required mail follow-up. That scenario is acceptable service.

 

Did what you receive contain a notice/acknowledgement like described in the first scenario?

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I am being sued for the amount owed to the original creditor- the bank, placed it on my credit report with the amount reported as higher which seems to be interest in fees, so they added an additional $500 or so on top of the amount on my credit report.  As far as what I can say for breach of contract I don't know?? Do you mean them proving they own the debt? What was your situation with them and how did you beat them?

Hello, what I mean is there should be on the complaint exactly what you are being sued for in addition to the alkeged debt. Somewhere it should say Common counts and First Cause of Action....then a box is checked...like within the last 4 years or money lent and received or breach of contract...Second Cause of Action.....etc....

Does your complaint show that?

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sounds to me like you maybe havent even been sued yet

 

they need to *PERSONALLY* serve you with a SUMMONS that is filed with a court and has a case number and will list one or more causes of acion such as 'Account stated', 'Breach of Contract', or 'Common Counts'. the cause of acion they cite is critical to your defense strategy and we need to know th to help you

 

so im thinking eiher

a) they have sent you pre-litigation letter in effort to scare you

B) maybe you have been 'served' but serving a summons by mail is not legal in CA (search for 'sewer service' on this site). May or may not help you dependent on the judge.

 

im guessing you got sued by Snyder Harris Brown and McElroy and sewer service is not their MO from my expereience

 

so let us know

 

also FYI, CA statute of limitations is 4 years

Yes SOL is 4 yrs and I am getting close  as last payment was 2011- apparently when I had consulted an attorney in California " consult only  spoke on phone for 15 mins, he said service by mail is legal in California- I have heard on other boards here it is not- I was served by mail with a complaint stamped by the court. I do believe the attorney had looked it up online the process of service-

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Hello, what I mean is there should be on the complaint exactly what you are being sued for in addition to the alkeged debt. Somewhere it should say Common counts and First Cause of Action....then a box is checked...like within the last 4 years or money lent and received or breach of contract...Second Cause of Action.....etc....

Does your complaint show that?

it says first cause of action, before that it says plaintiffs  efforts to  resolve underlying obligation, fax by file,declaration of reduced filing fees.

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what does it say immediately after 'first cause of action'?

 

is there a case number?

 

has it been filed with the court?

 

have you confirmed with the clerk that it is an active case?

 

this whole thing sounds weird

 

I'm going to be completely honest here... there are a lot of people trying to help you but you have completely failed to provide any sort of info on cause of action and there is nothing we can do to help. Meanwhile you just burned almost 3 weeks. Could i suggest making a copy of the summons, blacking out your name, the court county/city, and any other personal info, and upload it so we can see it?

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I filed my answer with the court and mailed a certified copy to Midland a week ago- Not heard from Midland since.

I requested a court fee waiver reduction to the court and they denied it saying my income was too high- But I listed expenses and it leaves me in a negative for basic needs and living expenses, rent, car, insurance, electricity- They said I can pay or file a request for hearing (court is far away like 45 miles) What are my chances of winning a court fee waiver if I go to a hearing? .

I am so disgusted with the whole court process and why these fees are so damn high as well as I noticed Midland also requested a fee waiver when they send me my complaint in the mail!!

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^ What Midland probably requested was a reduced fee, not fee waiver. They are suing you for an amount that is normally a small claims amount, which is cheaper to file. But, because they are a 3rd party, they cannot file in small claims, they must file in civil. There is a fee reduction available for this scenario. BTW, since they are getting a reduced fee, you automatically get a reduced fee as well; and you can, of course, go further by requesting the fee waiver.

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^ What Midland probably requested was a reduced fee, not fee waiver. They are suing you for an amount that is normally a small claims amount, which is cheaper to file. But, because they are a 3rd party, they cannot file in small claims, they must file in civil. There is a fee reduction available for this scenario. BTW, since they are getting a reduced fee, you automatically get a reduced fee as well; and you can, of course, go further by requesting the fee waiver.

Thanks I did not know that and will check with the court- I think the fees were about 180 or so so what would they have been reduced to?

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thanks I have my weekend planned looking at this- I am on a vendetta with these people!! ::drowning::

any cues to what I should be looking at in this link?http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp

I would be the first to say back away from the urge for vendetta, the court will see it and recognize it for what it is. The courts in LA county are heavily skewed towards plaintiffs enough. You have to channel your inner Bugs Bunny. So first thing tomorrow send them a Bill of Particulars.

 
Then prepare your answer.
 
then motion to compel after they don't answer BOP
 
Then continue with the actions listed in http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ and

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

That should be enough to get you in the zone. Oh and kick the everloving S%&@ out of them. Norwalk Or Chatsworth?

 

 

 

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Read up 415.30

 

Looks like they can attempt to serve you via mail, but it is viable only under a few conditions:

1) They must include notice & acknowledgement that you are being served pursuant to 415.30. To paraphrase: "We are attempting to serve you, if you don't return the acknowledgement we provided in 20 days, we'll try to serve you by other means and you will be liable for reasonable expenses made in that effort."

2) The letter/summons needs to contain a self addressed envelope to return the acknowledgement.

 

Service is considered complete on the date you sign the acknowledgement, which you subsequently return to them. Far as I can tell, if you don't return that acknowledgement then you have not been served and they'll have to pay someone to try and do personal service. IMO they want to avoid paying the process server fee upfront and figured they would give this a shot.

__________

 

The other possibility is that, like shellieh writes above, they substitute served a family member at your residence or someone at your workplace and they are sending the required mail follow-up. That scenario is acceptable service.

 

Did what you receive contain a notice/acknowledgement like described in the first scenario?

this did NOT occur- what you stated- The letter/summons needs to contain a self addressed envelope to return the acknowledgement.

I never got that, that is for sure,

so filing with the court and sending me a copy does not mean anything??

I never got anything like this as well (your reference--hey must include notice & acknowledgement that you are being served pursuant to 415.30. To paraphrase: "We are attempting to serve you, if you don't return the acknowledgement we provided in 20 days, we'll try to serve you by other means and you will be liable for reasonable expenses made in that effort.")

 

And no- no one came to my door and gave anything- ever

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I would be the first to say back away from the urge for vendetta, the court will see it and recognize it for what it is. The courts in LA county are heavily skewed towards plaintiffs enough. You have to channel your inner Bugs Bunny. So first thing tomorrow send them a Bill of Particulars.

 
 
Then prepare your answer.
 
 
then motion to compel after they don't answer BOP
 
 
Then continue with the actions listed in http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ and

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

That should be enough to get you in the zone. Oh and kick the everloving S%&@ out of them. Norwalk Or Chatsworth?

 

 

 

 

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I would be the first to say back away from the urge for vendetta, the court will see it and recognize it for what it is. The courts in LA county are heavily skewed towards plaintiffs enough. You have to channel your inner Bugs Bunny. So first thing tomorrow send them a Bill of Particulars.

 
 
Then prepare your answer.
 
 
then motion to compel after they don't answer BOP
 
 
Then continue with the actions listed in http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ and

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

That should be enough to get you in the zone. Oh and kick the everloving S%&@ out of them. Norwalk Or Chatsworth?

 

 

 

 

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I would be the first to say back away from the urge for vendetta, the court will see it and recognize it for what it is. The courts in LA county are heavily skewed towards plaintiffs enough. You have to channel your inner Bugs Bunny. So first thing tomorrow send them a Bill of Particulars.

 
 
Then prepare your answer.
 
 
then motion to compel after they don't answer BOP
 
 
Then continue with the actions listed in http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ and

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

That should be enough to get you in the zone. Oh and kick the everloving S%&@ out of them. Norwalk Or Chatsworth?

 

 

 

 

 

 

I would be the first to say back away from the urge for vendetta, the court will see it and recognize it for what it is. The courts in LA county are heavily skewed towards plaintiffs enough. You have to channel your inner Bugs Bunny. So first thing tomorrow send them a Bill of Particulars.

 
 
Then prepare your answer.
 
 
then motion to compel after they don't answer BOP
 
 
Then continue with the actions listed in http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ and

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

That should be enough to get you in the zone. Oh and kick the everloving S%&@ out of them. Norwalk Or Chatsworth?

 

 

 

 

 

 

I would be the first to say back away from the urge for vendetta, the court will see it and recognize it for what it is. The courts in LA county are heavily skewed towards plaintiffs enough. You have to channel your inner Bugs Bunny. So first thing tomorrow send them a Bill of Particulars.

 
 
Then prepare your answer.
 
 
then motion to compel after they don't answer BOP
 
 
Then continue with the actions listed in http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ and

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

That should be enough to get you in the zone. Oh and kick the everloving S%&@ out of them. Norwalk Or Chatsworth?

 

 

 

 

Chatswoth and I am 35 miles away from  so i have answered the complaint so now I can still send that Bill of Particlulars file with the court and send them copy Certified?

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this did NOT occur- what you stated- The letter/summons needs to contain a self addressed envelope to return the acknowledgement.

I never got that, that is for sure,

so filing with the court and sending me a copy does not mean anything??

I never got anything like this as well (your reference--hey must include notice & acknowledgement that you are being served pursuant to 415.30. To paraphrase: "We are attempting to serve you, if you don't return the acknowledgement we provided in 20 days, we'll try to serve you by other means and you will be liable for reasonable expenses made in that effort.")

 

And no- no one came to my door and gave anything- ever

Correct. Summons by mail would have to comply with 415.30 and based on your post, it didn't. I have yet to read a CA thread in which service of this manner was attempted. My feeling is they are claiming substitute service (even though no one at your residence was given the summons) and mailed you the copy. Based on your post above, you have answered the complaint or are getting ready to answer/file, and that's what matters right now. That's step one.

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sounds to me like you maybe havent even been sued yet

 

they need to *PERSONALLY* serve you with a SUMMONS that is filed with a court and has a case number and will list one or more causes of acion such as 'Account stated', 'Breach of Contract', or 'Common Counts'. the cause of acion they cite is critical to your defense strategy and we need to know th to help you

 

so im thinking eiher

a) they have sent you pre-litigation letter in effort to scare you

B) maybe you have been 'served' but serving a summons by mail is not legal in CA (search for 'sewer service' on this site). May or may not help you dependent on the judge.

 

im guessing you got sued by Snyder Harris Brown and McElroy and sewer service is not their MO from my expereience

 

so let us know

 

also FYI, CA statute of limitations is 4 years

there was a list of attorneys on the complaint with their state bar #'s above Midlands name no particular law form mentioned. I guess If I looked up the state bar #'s I can find out?

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If the service wasn't done correctly, then file a motion to quash service. 

I will do that if I see it was not served legit- But can they come after me again and sue?

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They can serve you again... 

 

 

 

///

One more thing to consider, file suit against the process server for fraud. A process server in CA is required to carry a bond of $2k. You'll get a quick settlement offer from the surety company. 

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They can serve you again... 

 

 

 

///

One more thing to consider, file suit against the process server for fraud. A process server in CA is required to carry a bond of $2k. You'll get a quick settlement offer from the surety company. 

But it was served to me in the mail. So are you saying if they used a process server to send it? I do believe it was sent my Midlands office in San Diego.Unless they have legal council they used there is no attorney law firm name listed on complaint, just 4 attorneys and their state bar numbers which I will look up today. I would have to look up the case online with the court to see with my case #

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I also had another question- The amount they are sueing me for is 500 less that what they reported on my credit report- so it is legal for them then to place a higher amount on credit report- Looks like they tried to place fees and interest of some kind- so are they also reporting wrong that as well on my credit?

Should I dispute that with the CA now or not as they already are suing me?

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Using mail to serve is permissible in small claims (if memory serves) but it has to be Certified. If it's a Rule 3.740 collections case, then service under CCP 415.10 is the only permissible means to serve the summons.

 

 

The only time the mail comes into play is under substituted service - in CA, the summons and complaint has to be left at your last known address with someone over 18 and then mailed to that same address. 

 

You have to get a copy of the proof of service filed and see if it was done as substituted service. 

 

If it does not comply with substituted service, then you should file a motion to quash service. 

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Motion to quash will fall on deaf ears in chatsworth. If you have answered then continue with bop procedures. Norwalk is no better than chatsworth.

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It might fall on deaf ears, but filing it give something to appeal on, and could form grounds to sue the process server for fraud. 

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It might fall on deaf ears, but filing it give something to appeal on, and could form grounds to sue the process server for fraud. 

Yes I will agree with you- The law is supposed to be the law- No one came to my door, no one tried to come to my door and I simply got in the mail. 

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