sygyt

Midland suing my dad (in CA)

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So I send a BoP straight to them, keep a copy, don't file it with the court, but mention it on the PoS that gets filed with our answer?

 

straight to them, via CMRRR, keep a copy, do not file with the court. no need to mention with your answer.

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just because it doesn't get filed with the court doesn't mean that you do not send a Proof Of Service along with it. anything you send, send it with POS.

 

Proof of service by regular mail: http://www.courts.ca.gov/documents/pos030.pdf

 

if serving by express mail or regular mail: http://www.courts.ca.gov/documents/pos040.pdf

 

communication with JDBs will be mostly by mail. sometimes via phone (not recommended in these forums). you should NOT serve documents by any electronic means i.e. fax, or email. unless agreed upon by both parties.

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Is every PoS only for the defendant and plaintiff, and unnecessary to file, or is there any that the court would need a copy of too?

And can something be sent CMRRR just by writing something on the front of the envelope and putting sufficient extra postage on it, or do I have to take it to a clerk and get that green card put on it in person?

Can the answer, the BoP demand, and a PoS for both be sent to the plaintiff in the same envelope?

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Is every PoS only for the defendant and plaintiff, and unnecessary to file, or is there any that the court would need a copy of too?

And can something be sent CMRRR just by writing something on the front of the envelope and putting sufficient extra postage on it, or do I have to take it to a clerk and get that green card put on it in person?

Can the answer, the BoP demand, and a PoS for both be sent to the plaintiff in the same envelope?

 

 

So ... there's filing (what you "file" with the court); and "serving" (what you "serve" the other side with).  Everything you "file" also gets "served," but not everything you "serve" gets "filed"  (e.g., discovery requests).  Make sense?

 

Therefore, whether you "serve," or "file," you need a POS (b/c you "serve" both to the other side).  But the POS doesn't actually get "filed" unless/until you're filing the underlying document with the court.  So always POS, but never send it to the court unless you're also sending the doc referenced to the court.

 

(Let me know if I've only confused things further, and I'll make the effort to completely clarify.)

 

AFAIK, CMRRR only happens if you visit the clerk at the post office.

 

You can put whatever you want in the same envelope, with individual POS's or one POS for all.  Just make sure that you've accounted for every doc served via a POS.

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All right, I'll be getting stuff done tomorrow if my plans work out. Here's my checklist, let me know if I'm missing anything:

To court:

File response (General Denial)

PoS for the response? (I'm unclear now if a PoS gets filed at all)

File motion to change venue (if I can; not sure if I can do that on my dad's behalf)

Mailing to plaintiff (Cerified mail, return receipt requested):

Response

Demand for Bill of Particulars

PoS for both of these

Now, my understanding is that the plaintiff must be served by someone who's not a party to the suit. I fill that role fine. But can someone who could potentially be a Doe among the defendants also serve? While I'm obviously not alleging anything, I have to assume that my mom, as the defendant's spouse, could be an as yet unnamed party in the suit. Would she be okay serving the response and BoP (and any future papers) on the plaintiff if she hasn't been named?

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All right, I'll be getting stuff done tomorrow if my plans work out. Here's my checklist, let me know if I'm missing anything:

 

To court:

File response (General Denial)

PoS for the response? (I'm unclear now if a PoS gets filed at all)

File motion to change venue (if I can; not sure if I can do that on my dad's behalf)

 

 

 

the first time we filed our answer, we went to the court, filed our answer, got our 3 copies stamped, then mailed the copy and POS to plaintiff, and had to return to court to file the POS. it was an extra 2 hours of our time having to go back to court and stand inline just to file the POS. luckily I work within walking distance from the court.

 

so what I learned to do was to first send a copy of the documents to plaintiff first, along with a completed but unsigned POS. then go to court with the remaining 2 copies of the documents to be filed and the 2 copies of signed POS. after they get stamped a copy is filed, while you retain the original.

 

doing things this way saved me an extra unnecessary trip tot he court.

 

make sure the POS states that both of those documents (response and change venue) are included in the envelope. mail it CMRRR

 

 

Mailing to plaintiff (Cerified mail, return receipt requested):

Response

Demand for Bill of Particulars

PoS for both of these

 

 

when you say "response" do you mean your general denial answer? if it is, since the BOP is not to be filed with the court, I would probably send it on a separate envelope with its own POS. but that's just what I would do, it may cost a few extra bucks, but it will avoid confusion. just my opinion.

 

Now, my understanding is that the plaintiff must be served by someone who's not a party to the suit. I fill that role fine. But can someone who could potentially be a Doe among the defendants also serve? While I'm obviously not alleging anything, I have to assume that my mom, as the defendant's spouse, could be an as yet unnamed party in the suit. Would she be okay serving the response and BoP (and any future papers) on the plaintiff if she hasn't been named?

 

it is my understanding that they can only sue those in the contract or co-signers, but being that California is a Community property, I really do not know if they can name her in the suit.

 

when my wife got served, I didn't sign any of the POS since I have my own outstanding debts out there, from before we got married. just being over cautious in my part.

 

im sure someone with more knowledge will be able to answer your question.

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My plan is as follows.

 

Mail General Denial and Bill of Particulars, in separate envelopes, CMRRR, each enclosed with its respective Proof of Service (General Denial's PoS is unsigned), from the post office near our home.

 

Travel to courthouse.

 

File General Denial and its PoS.

 

Now, every motion to switch locations I've found has been for switching counties. And Chapter 2.0, (f)(2) of the rules of the court states, "The Supervising Judge of the Civil Division may for the convenience of witnesses or to promote the ends of justice, transfer a civil case from one district to another. Motions to transfer a civil action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter, shall be made in Department 1 in the Central District." So, a separate courthouse entirely. But I'll ask about transfering all the same. I don't plan on visiting two courthouses in one day; we may have to grin and bear it in the faraway courthouse/hope the plaintiff gives up before we have to go there.

 

All told, I expect the documents involved will be:

Three (3) General Denials (one for the plaintiff, one for the court, one for us)

Three (3) General Denial PoS (one unsigned for the plaintiff—this is okay, sadinca?—, one for the court, one for us)

Two (2) Demands for Bill of Particulars (one for the plaintiff, one for us)

Two (2) BoP PoS (one for the plaintiff, one for us)

 

I'll keep three extra PoS in case I can somehow file a motion to transfer. Maybe if I feel good about things and the timing works out I'll go to the other courthouse after all. Of course, since I'm doing the grunt work on my dad's behalf, if that stuff has to be signed by him, I'll be SoL (and I don't mean Statute of Limitations!).

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I would mail a copy of your general denial and signed POS to the lawyer, keep copies of both for yourself, and THEN take the originals to file at the court.

You do not need a stamped copy for the lawyer, but I would take your copy with you to get stamped by the clerk as well.

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I would not use CMRRR for the general denial, because if they say they never received it you will not be damaged, and it's filed with the court.

I would send the BOP CMRRR because it is not filed with the court, and they will discard it like they never received it, causing you to not get a response.

Good luck.

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Oh, also, the one time they mention an address for my dad, it's in the statement of location, and it's an address where we haven't lived for over 20 years (no wonder it took them seven months to sort of serve him)! The court location was selected based on this address. Now, I believe there are only two courthouses in Los Angeles county to which limited civil cases are assigned, and we now live in a location that would be assigned to the other courthouse, which happens to be far more convenient. Can we ask for the location to be changed?

If the present court is Norwalk keep it. If it is Chatsworth move to Norwalk.

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Make sure the POS to the lawyer is signed.

My apologies if i gave the wrong advice. I read a thread around here which discussed the POS subject, and many recommended to send an unsigned POS and file with the court a signed copy since the POS in line 4 state "i served the documents" so thats how we did it in our case.

I stand corrected and i apologize.

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My apologies if i gave the wrong advice. I read a thread around here which discussed the POS subject, and many recommended to send an unsigned POS and file with the court a signed copy since the POS in line 4 state "i served the documents" so thats how we did it in our case.

I stand corrected and i apologize.

I don't think it would be a problem either way, and a lot of people do it that way. The document is "served" once it's placed in the mail and you don't have to have the court stamp it before it goes to plaintiff. It makes for less trips to the court.

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If the present court is Norwalk keep it. If it is Chatsworth move to Norwalk.

Why is Norwalk more desirable?

 

Thanks for your advice, everyone. This forum in general has made me feel pretty solid about the situation, even if my parents don't. I guess we're on pause for the time being.

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