case management conference (limited collection case) but I have not been served, what shoul I do

[ineedhelp75]

Hello,

I am being sued by a debt collector, the case management conference is soon, but I have not been served, what should I do?

[willingtocope]

If you haven't been served, how do you know about the conference?

[RyanEX]

Usually a CMC isn't scheduled until after the complaint has been answered (as far as I know) :'>

 

Are you perhaps referring to being served notice of the CMC? Or the plaintiff's CMC statement?

[calawyer]

I assume you saw this by reviewing the docket on line.  If so, make sure that plaintiff has not filed a return of summons or proof of service of the complaint claiming that you have been served.

 

If your court automatically schedules a CMC upon filing of the complaint, and you have not been served, the Court will likely issue an Order to Show Cause why Plaintiff should not be sanctioned for failing to serve the complaint.

[ineedhelp75]

Thanks for the help,

I found out about the CMC because the debt collector sent me a letter saying they are preparing a law suit, so I looked up my case on an open access public website. Under party status it says Serve required (WaitS). Should I show up at the CMC?

[calawyer]

Until you are served, you need not attend.

[ineedhelp75]

Thank you calawyer, I was really stressing.