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Process server came to my home at 8:30 at night on Sunday.  Banged on the door for 15 minutes, shined his flashlight into my windows, yelled into an open window, scared the crap out of my kids (16, 14, 11) and when the kids didn't answer the door he shoved the paperwork in the screen where I found it when I got home.

 

Is the legal service of notice of lawsuit?  I haven't read it yet, I was so upset last night when I got home.

 

This is his third trip to my home, he was told when he could find me at home and yet never came at those times.  I am just wondering. 

 

Haven't read the lawsuit yet.  Was so upset last night.  Especially my 11 year old who thought a bad man was coming to get him (he's autistic).  That took forever to calm him down. 

 

So off to work this morning then I will tackle whatever nastiness is waiting for me in the paperwork this afternoon.  I'm sure I'll be back with more questions then. 

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Process server came to my home at 8:30 at night on Sunday.  Banged on the door for 15 minutes, shined his flashlight into my windows, yelled into an open window, scared the crap out of my kids (16, 14, 11) and when the kids didn't answer the door he shoved the paperwork in the screen where I found it when I got home.

 

This is his third trip to my home, he was told when he could find me at home and yet never came at those times.  I am just wondering. 

 

 Was so upset last night.  Especially my 11 year old who thought a bad man was coming to get him (he's autistic).  That took forever to calm him down. 

 

Well according to your first thread http://www.creditinfocenter.com/community/topic/323181-being-sued-california-riverwalk-holdings/ 11 days ago you WERE home when he came to the house and you refused to answer the door to be served.  You created this problem for your children by not accepting service the first time you were home when he came.  There is NO requirement that they come to your house when it is convenient for you because the majority of people they are trying to serve are just going to screw with them to avoid service.  If it was really that inconvenient you could have gone to the courthouse and been served there as you said you were going to do.

 

Is the legal service of notice of lawsuit?  

 

Yes, it is legal to leave the papers on the door in California.  It is called "tack and nail."  

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Guest usctrojanalum

This is nail and mail service.  Expect a copy in the mail from the process server.

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msdylans did not "create this problem for their children" - he/she had a first attempt at 6AM in the morning, combine that with it being service of a summons > that's a scary/freaky experience for a person. Understandable IMO, and msdylans did try to arrange a time they could receive it. There is no requirement a server show when it's convenient, but regardless there is something wrong with a server behaving that way; not to mention stupid since who knows what kind of reaction that behavior could bring upon a process server, maybe someone comes out with a weapon to deal with some unknown crazy person banging on windows and flashing lights.

 

Anyhow...here is a link to the CA code on service of a summons. I don't see anything there that allows for this type of service. Substitute service at your home, current mailing address, place of work is allowed but the complaint needs to be left with a person of at least 18 years of age. Another copy would then have to be mailed to you (keep an eye out for this), service would be considered complete on the 10th day after mailing < the 30-day countdown would begin at that point. I imagine this is what they will be claiming, but pay attention to the declaration of diligence/proof of service posted to the case file > this process server, based on their actions, may not be the most ethical person and could claim personal service, putting you on the 30-day clock already.

 

I don't know what type of complaint you could make about the service or the process server. Some CA members have some experience in that regard. You may want to pursue that, or you may want to move on and start dealing with the lawsuit.

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Well according to your first thread http://www.creditinfocenter.com/community/topic/323181-being-sued-california-riverwalk-holdings/ 11 days ago you WERE home when he came to the house and you refused to answer the door to be served.  You created this problem for your children by not accepting service the first time you were home when he came.  There is NO requirement that they come to your house when it is convenient for you because the majority of people they are trying to serve are just going to screw with them to avoid service.  If it was really that inconvenient you could have gone to the courthouse and been served there as you said you were going to do.

 

 

Yes, it is legal to leave the papers on the door in California.  It is called "tack and nail."  

 

Nope:

 

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.

 

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Clydesmom - Thank you so much for your thoughtful and considerate reply.  If you read my original post more closely you will see that I did open the door to him, after he rang my doorbell several times.  I am a woman, living alone with my children, it was 6 a.m., I was sound asleep when he started ringing my doorbell, it was dark and I was afraid.  I almost didn't open the door at all but though perhaps it might be a stranded motorist and I could at least call for help.  We live on a busy street and that happens frequently.  What I didn't open was the security screen door. 

 

When I did open the inner front door and realized it was business related I was shocked.  I said "do you know what time it is!" and he said the courts never sleep.  I advised him to come back at a decent hour, that I am home everyday at 2:30 p.m., and shut the door.  I was not rude, everyone has a job to do. 

 

I did not go to the courthouse to get a copy of the papers because people in the original thread said just wait for him to come back, no rush.  And right or wrong I took that advice.

 

I have never been sued, never had a process server at my door, banging away, ringing doorbells, peeking in windows (which he did the second time he came and I wasn't home) well goodness, I have never dealt with anything like that in my life.

 

To suggest I brought on the harassment of my children last night had the effect you likely intended.  Upset me deeply this morning  during an already stressful time.  Thankfully, my faith is strong and I have ways of dealing with your level of judgment and negativity. 

 

Incidentally, I spoke to a friend today who's husband is a lawyer, and it is ILLEGAL to serve someone in the manner this gentlemen did.  You can post it only in cases of eviction and unlawful detainer.

 

Thanks to everyone who actually had some useful information for me in this thread.   I really appreciate it.  My plan now is to outline what the court papers say in another post and get opinions and information.  I have to move fast, I understand that.  Thanks! 

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You weren't exactly "sewer" served since you did talk with the process server prior to him scaring your children to death.  Process servers do not have to serve you at your convenience.  You can try and fight the service but I can't see you winning this one. The real issue is not how you were served or that your children were terrorized but can the plaintiff prove their case.   

 

I was sewer served two years ago but I chose to ignore how they severed me and dealt with the real issue at hand-show me proof that I owe you what you say that I owe you. 

 

Long story short, after a four month battle in which I slammed them with everything from a Motion to Compel a Further BOP to discovery requests three weeks after they served me, the JDB dropped their case without prej and I haven't heard a peep out of the JDB since.  The SOL expired on the debt last summer.

 

Are you being sued by a JDB or an original creditor?

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Thanks to everyone who actually had some useful information for me in this thread.   I really appreciate it.  My plan now is to outline what the court papers say in another post and get opinions and information.  I have to move fast, I understand that.  Thanks! 

I think every internet forum has a troll on it, you just have to scroll past them to the people that really are here to help others.

 

When I said to wait for the process server to return; it was under the assumption you would then accept service. That does not mean that you are now under more pressure to have to hurry, you have 30 days from service to answer. I would check the court website and make sure that it is not saying you have been served however.

 

Get the complaint one way or another so he will stop harassing you, and we will help get you thru all of this so you can move on and put it behind you. We have an excellent win record here in Cali and need to add you to the list....

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Are you being sued by a JDB or an original creditor?

JDB, Riverwalk Holdings. I am really confused now because I have copies of of every payment made to Chase including a note saying I oaid the account and even a copy of the check they sent back to me when I overpaid them but the account numbers are different. Amounts are roughly the same $4889. Baffling.

I guess this isn't going to be as simple as I thought,

As far as "sewer" served, I don't know what that means but I am going to concentrate my energy on the lawsuit. The process server will have his judgment one day.

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If you already paid the account off then you may have a cross complaint when you answer. You can find out about the ac #'s by sending them discovery (you may as well start learning this stuff). 

 

You can read ASTMedic's thread "how I beat midlands". It has all the documents you'll need, and will give you an idea of what to expect. Also HomelessInCalifornia's thread.

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@msdylans

 

Did you possibly have more than one account with Chase?  If not, was the account charged off before you finished paying it?  If so, some cc companies assign a different account number to a charged-off account.

 

If this account has been paid off, you could have violations of the FDCPA for section 1692e(2)(A) and 1692e(10).  You might also have violations under the Rosenthal Act and the CA Fair Debt Buying Practices Act.  

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JDB, Riverwalk Holdings. I am really confused now because I have copies of of every payment made to Chase including a note saying I oaid the account and even a copy of the check they sent back to me when I overpaid them but the account numbers are different. Amounts are roughly the same $4889. Baffling.

I guess this isn't going to be as simple as I thought,

As far as "sewer" served, I don't know what that means but I am going to concentrate my energy on the lawsuit. The process server will have his judgment one day.

 

 

Does the complaint have a contract or other account document attached?

 

Consider sending a Bill of Particulars.  If plaintiff responds, even with a couple of documents, it might help you identify the account.

 

Sewer service is when a process server does not actually serve a document but throws it away and claims, under penalty of perjury, to have served it anyway.  It does not really apply to your situation.  But your process server might nonetheless get into trouble if he/she claims to have handed you the summons.  You will find out when plaintiff files its proof of service of summons and complaint with the court.

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On 3/17/2014 at 7:16 AM, Clydesmom said:

 

Well according to your first thread http://www.creditinfocenter.com/community/topic/323181-being-sued-california-riverwalk-holdings/ 11 days ago you WERE home when he came to the house and you refused to answer the door to be served.  You created this problem for your children by not accepting service the first time you were home when he came.  There is NO requirement that they come to your house when it is convenient for you because the majority of people they are trying to serve are just going to screw with them to avoid service.  If it was really that inconvenient you could have gone to the courthouse and been served there as you said you were going to do.

 

 

Yes, it is legal to leave the papers on the door in California.  It is called "tack and nail."  

No, he didn't create the problem.  Process servers are not supposed to be obnoxious, not go to the side or back of the house and definitely NOT peer or shine flashlights in windows.  That sort of conduct is actionable harassment and trespass.

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