msdylans

Being Sued - California - Riverwalk Holdings

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A process server came to my door this morning at 6:10 a.m. and attempted to serve court paperwork.  I did not identify myself, nor did I open the security screen door.  He said he would be back.

 

I looked up court records for Sacramento County and there I am, a case opened two weeks ago by Riverwalk Holdings LLC. No idea who they are or why they are suing me.

 

I had debt issues in 2009 when I lost my job, relocated to Alaska, found a job, paid everyone off  and kept meticulous records about paying everyone off so this baffles me.

 

Is there any point in avoiding this guy?  I plan to go to the courthouse tomorrow and request a copy of the paperwork.  is this a bad idea? 

 

I am lost at this point.  It really started my day off with a bang. 

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I would just accept service tomorrow when he brings It back. You will have 30 days to answer it, so you can learn what to do in the mean time.

 

I would also look into whether or not it's legal to attempt service at 6am (maybe it is, I don't know) a debt collector cannot call you that early, so maybe the process server can't contact you that early either.

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Unfortunately, process servers are not subject to the FDCPA.   

Agreed, but I was thinking there may be something under the process server laws. Kind of hard to imagine they can pound on  a door legally at 6am, but I don't know. Not sure what the OP could do with it anyway, but I figured the starting point would be to see if there is some sort of violation here (other than FDCPA).

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thanks for the responses.  he came back once at 6:30 a.m., I wasn't home and then he came back last night at 8:30 at night, on a sunday night.

 

I wasn't home, my kids were, he pounded on the door, peeked in windows, and shined a flashlight into the windows, scared the hell out of them.  how can this be legal?

 

by the time I got home the paperwork for the lawsuit was shoved in my screen door and he was gone.

 

I'm wondering is this legal?

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Not at all...read CCP 415.10 - 415.95.

 

 

If you were not home, then this type of service is illegal. Watch the court now - if he files a proof of service, you need to file a motion to quash service. It's likely that he will claim it's substituted service. Substituted service is only permitted if a copy is left with someone over the age of 18 and mailed to the address. If your kids are not over 18, then it will not be substituted service. 

 

I would also recommend suing the process server for fraud and make a complaint to the local DA - since a process server is technically an officer of the court, this would be considered fraud on the court and is a crime. 

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There is no point in trying to quash service since you actually talked to guy the first time he tried to serve you.  I'm surprised he didn't stuff the papers in your security door during that visit.  You can sue them but you have to prove damages-since they haven't gotten a default judgment or anything just what are your damages?

 

Since you are sure you cleared up all of your debts and you kept meticulous records to prove you did,  then you should have no problem fighting their claim of indebtedness.  Riverside's claim is considered true unless and until you challenge them by answering their complaint.  I agree with Anon-answer the complaint.

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Yes, it is VERY risky not to answer a complaint, especially If you are holding it in your hand. Regardless of what the laws may  say, many judges have said before, if you have the complaint then you were served. They also don't like to dismiss or quash service because it just pro longs the inevitable, the case getting filed and answered.

 

I doubt that a process server is considered an officer of the court (but I have not looked into that). You may  have a valid motion to quash, but I don't think I would bother with it (unless the SOL is up in the next few months). Fight the case and get it over with.

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Thanks for all the feedback. Although his behavior was outrageous I just want to get this over with. I did find out that I can file a complaint with the DA so I may follow through with that.

The paperwork arrived in the mail today. Exact same paperwork he left on my screen door.

How do I get a copy of his affidavit of service? Do I go to the courthouse for that? Silly me, I thought it would come with the mailed paperwork,

I want to have my response filed in the 30 day time frame. Meet with a lawyer on Friday,

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If you received a copy of the summons by mail, then they are probably claiming substitute service, which gives you a little extra time. Service is complete on the 10th day from when they mailed it, then the 30-day clock starts - so effectively you get forty days from when the process server put the copy of the summons in the mail. I'd look up the proof of service/declaration of diligence in the case file to make sure that it is substitute service. Until you confirm, play it safe and assume the 30 day ticker has already begun.

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Thanks for all the feedback. Although his behavior was outrageous I just want to get this over with. I did find out that I can file a complaint with the DA so I may follow through with that.

The paperwork arrived in the mail today. Exact same paperwork he left on my screen door.

How do I get a copy of his affidavit of service? Do I go to the courthouse for that? Silly me, I thought it would come with the mailed paperwork,

I want to have my response filed in the 30 day time frame. Meet with a lawyer on Frida

 

There are two ways to see their affidavit::  (1) Go in person to the court house, or (2) Check to see if your court posts court docs on line-some do some don't and some charge a fee and some don't.   But remember pick your battles wisely.  The issue is not how you were served but can they prove you owe them what they say you do.

 

San Mateo Superior Court and San Francisco Superior Court both post docs on-line and you can download them for free which will give you a clear picture of what to expect from them.

 

 

San Mateo: http://www.sanmateocourt.org/midx/

 

I just did a quick search of San Mateo's court docs and it seems as if Riverwalk Holdings, like the majority of JDBs, like easy defaults. 

 

San Mateo records show they use a law firm by the name of Nelson and Kennard out of Sacramento.  They use a lot of declarations to justify their claims for defaults such as "Unavailability of Original Document (means they do not have the contract);  Request for Interest from the Date of Default at statutory rate of 10%; Notice Pursuant to CCP Section 1033 (2)-proving the attorneys notified the defendant that they owed money and if the defendant doesn't contact them or pay-up they have the right to sue them. 

 

They sue for  (1) common counts (open book and account stated) and (2) for good and valuable consideration, the account which is the subject of this action was purchased by Plaintiff, who is now the lawful owner and holder thereof.  Prior to the commencement of this action, Defendants were notified in writing that if an action were commenced, Plaintiff would be entitled to court costs, where allowed by law, in addition to principal and interest otherwise owed.

 

Your chase account may have been a Chase/WAMU account-maybe that's why you don't recognize it.  I pulled up a lot of those accounts doing the above mentioned research of San Mateo court docs.

 

Check through the on-line docs yourself to get a handle on how the operate.  Start with Jan. 2012.

 

Since they tend to sue for open book account you can and should request a Bill of Particulars. We will help you as stated earlier with what to file and when-no worries. 

 

When I was sued two years ago, I served the JDB with a request for a Bill of Particulars the same day I served them with my Answer. Always send tnings Certified Mail Return Receipt Request-you need a paper trail. Then three weeks later I served them with 27 different Discovery Requests.  They made a ton of mistakes and folded like a cheap suit within four months of serving me.  Go to all hearings/meetings even if it is a voluntary Mediation Session.  Show them you are not afraid to fight.

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San Mateo records show they use a law firm by the name of Nelson and Kennard out of Sacramento.  They use a lot of declarations to justify their claims for defaults such as "Unavailability of Original Document (means they do not have the contract);  Request for Interest from the Date of Default at statutory rate of 10%; Notice Pursuant to CCP Section 1033 (2)-proving the attorneys notified the defendant

 

Your chase account may have been a Chase/WAMU account-maybe that's why you don't recognize it.  I pulled up a lot of those accounts doing the above mentioned research of San Mateo court docs.

 

 

Since they tend to sue for open book account you can and should request a Bill of Particulars. We will help you as stated earlier with what to file and when-no worries. 

 

When I was sued two years ago, I served the JDB with a request for a Bill of Particulars the same day I served them with my Answer. Always send tnings Certified Mail Return Receipt Request-you need a paper trail. Then three weeks later I served them with 27 different Discovery Requests.  They made a ton of mistakes and folded like a cheap suit within four months of serving me.  Go to all hearings/meetings even if it is a voluntary Mediation Session.  Show them you are not afraid to fight.

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That's the spirit!

 

I also did a check of San Fran and my local court records to see how sue happy they were and the answer is not very.   They don't file that many lawsuits-none in my jurisdiction in over a year.  Hhhhm.  I found a couple cases where the defendant answered and they ended up dropping their case.

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San Mateo records show they use a law firm by the name of Nelson and Kennard out of Sacramento.  They use a lot of declarations to justify their claims for defaults such as "Unavailability of Original Document (means they do not have the contract);  Request for Interest from the Date of Default at statutory rate of 10%; Notice Pursuant to CCP Section 1033 (2)-proving the attorneys notified the defendant

 

Your chase account may have been a Chase/WAMU account-maybe that's why you don't recognize it.  I pulled up a lot of those accounts doing the above mentioned research of San Mateo court docs.

 

 

Since they tend to sue for open book account you can and should request a Bill of Particulars. We will help you as stated earlier with what to file and when-no worries. 

 

When I was sued two years ago, I served the JDB with a request for a Bill of Particulars the same day I served them with my Answer. Always send tnings Certified Mail Return Receipt Request-you need a paper trail. Then three weeks later I served them with 27 different Discovery Requests.  They made a ton of mistakes and folded like a cheap suit within four months of serving me.  Go to all hearings/meetings even if it is a voluntary Mediation Session.  Show them you are not afraid to fight.

That's exactly who the attorneys are who are suing me. Thank you for the links. I am in Sacramento county, I will check our websites here and start a new thread with my questions.

Thank you. I was really depressed about the whole thing as this has never happened to me before but I am over it now. Now Im just mad and ready for battle.

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