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No summon received for lawsuit?

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Hi guys, I hope somebody can answer my question.

 

Few days ago I received a letter from a Non-profit 501©3 company claiming that a lawsuit was filed against me; they listed he case number.

 

Indeed, after I checked the case number, a lawsuit by the Winn Law Group against me has been filed with the LA Superior court. Total amount ~ $7,100

 

So first question: how do they know that?

 

Anyhow, when I checked the online "Case Summary" I found this:

 

 

 

 

                                                                                                Case Summary

 

Case Number:  XXYYNN
CAVALRY SPV I LLC VS. XXXXXXX ZZZZZZZ

Court:   Chatsworth Courthouse

Filing Date:  08/12/2015
Case Type:  COLLECTIONS CASE (Limited Jurisdiction)
Status:  PENDING

                                                                                                Future Hearings

07/27/2018 at 08:30 AM in department F43 at 9425 Penfield Ave., Chatsworth, CA 91311
OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT

 

                                                                                                        History

Parties

Plaintiff:  CAVALRY SPV I LLC AS ASSIGNEE OF CITIBANK N A
Attorney:   WINN LAW GROUP, APC - JOHN E. GORDON

Defendant:  XXXXXXXX ZZZZZZZ
Attorney:   None

                                                                                                          Party Information

Histories (Dates listed in descending order)

08/18/2015 OSC HEARING IS SET FOR 07/27/18 AT 08:30A M., IN
DEPARTMENT F43 . ORDER TO SHOW CAUSE HEARING SIGNED AND
FILED BY BENNY C. OSORIO, JUDGE TO SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO
CRC 3.740. CERTIFICATE OF MAILING FILED.

08/18/2015 CASE FILE FORWARDED TO RECORDS RE: FILING

08/12/2015 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
CHA505953021.

08/12/2015 SUMMONS ISSUED.

08/12/2015 SUMMONS FILED.

 

 

 

 

However, what is a little bit strange to me is that I have not received yet any summons. Is this normal?

Also, in the original note from the non-profit, they states that "you may have as little as 30 days from the filing date to respond, even if you think you have not been served properly".

 

From my understanding, I have 30 days from the date I am served, not from the date of filing, isn't that right?

Also, what does it mean "CERTIFICATE OF MAILING FILED"?

 

If I have not received any summons, how am I supposed to know what's in the lawsuit???

 

 

In addition, could anybody help to translate this" SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO
CRC 3.740."

 

Thank everybody, I don't hide how concerned I am right now.

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So first question: how do they know that?

 

They troll through the court cases as they are public records and send out letters to anyone that is sued. Be glad you got notified this way so you can watch if the plaintiff tries sewer service or any other shenanagans.

 

 

However, what is a little bit strange to me is that I have not received yet any summons. Is this normal?

Also, in the original note from the non-profit, they states that "you may have as little as 30 days from the filing date to respond, even if you think you have not been served properly".

 

From my understanding, I have 30 days from the date I am served, not from the date of filing, isn't that right?

 

They have a certain amount of time to serve you but I am willing to be that the sheriffs office and/or process server is backlogged and hence why it is taking so long. You will be served eventually.

 

You have 30 days from the date of service. The ambulance chasers put that in to scare you because most people do not know the rules of civil procedure and will run and buy their services.

 

 

Also, what does it mean "CERTIFICATE OF MAILING FILED"?

 

Proof that they mailed the item set for the case file on 18 August 2015 for the plaintiff attorney. Does not really affect you. Read below.

 

 

In addition, could anybody help to translate this" SHOW WHY SANCTIONS

SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF

SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO

CRC 3.740."

 

This is for the plaintiff to prove why the case should stay open and/or why they did not prosecute the case and/or effect service. This was scheduled 3 years out because that was probably the first open date on the court calender. Things will not get to that point although you can bet it will take that long to get a trial date.

 

 

If I have not received any summons, how am I supposed to know what's in the lawsuit???

 

You will get a summons eventually (or you will see that they tried to perform sewer service but now that you know, you can fight that before it gets too far). Be glad you got the heads up.

If you want the actual case file but do not want to be served, you can send a friend to get the case file for you. That will help you figure out how to fight this before you are served. Also read up on the California Rules of Civil Procedure, read up on how to fight California lawsuits on this board, and start working on your answer. You can wait to be served or if you want to get going, you can call the plaintiff attorney and set up a time and place to be served. In the mean time, watch the case site to see if they do try sewer service. I am not sure when the best time to fight that would be because you do not want to tip your hand to the judge that you knew about the lawsuit.

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Thank you very much for your answer, so relieving!!

 

Also, I am looking thruogh the many posts on this forum, and I have just started preparing my answer, however each time i try to access a file (posted by Homeless in CA or Girl111) i get an error message; anybody knows if those files are still availabe?

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Are you in chats worth? They need to file in the court closest to where you live. Keep your eye on that docket make sure they don't try to serve you or say they served you if its the wrong court.

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My husband is in a similar situation. The solicitation letter was sent to his parents home but we live in TX. The suit is filed in CA. How should we proceed? The debt is over 8 yrs old. What is sewer service?

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If you know who the plaintiff attorney is, you can call them and inform them that you are not CA citizens and hence, the CA courts have no jurisdiction over you as a person. You can also find a way to accept service, and then file a motion to dismiss due to lack of jurisdiction.

Sewer service is where the process server tosses the complaint and summons which is supposed to be served on the defendant (in quite a few cases, they you toss them down the storm drain, hence the term) and then claim to the court that the defendant was served properly. The courts really frown on these acts and the process server can get in serious trouble if proven.

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If my  case is filed in wrong court (very far away from where I live.....and I have received no summons.......who do I tell?  anyone?    also,  it looks like they are saying it was served?


Histories (Dates listed in descending order)

03/10/2017 OSC HEARING IS SET FOR 02/21/20 AT 08:30A M., IN
DEPARTMENT F43 . ORDER TO SHOW CAUSE HEARING SIGNED AND
FILED BY VALERIE SALKIN, JUDGE TO SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO
CRC 3.740. CERTIFICATE OF MAILING FILED.

03/10/2017 CASE FILE FORWARDED TO RECORDS RE: FILING

03/08/2017 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
CHA538853027.

03/08/2017 SUMMONS ISSUED.

03/08/2017 SUMMONS FILED

 

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