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Hi guys,

I need some urgent help with this case. I am not a lawyer and thus quite scared of what is happening.

 

Few days ago i received a letter from a legal aid stating that I was the defendant in a lawsuit case (credit card debt).  I used the case number they gave me and checked, and indeed there is a lawsuit against me.

 

Today, about 10 days later, I find that:

 

09/10/2015 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS
TO (XXXXXX, YYYYYYY).

 

but i never received anything!!!! and my wife, who has lost her job is at home all day and she never got anything!!!

 

What should i do??? Who has received my papers? How am I supposed to defend myself if I do not know what's in those documents? (I do not have the money to go to court, the gas is way too expensive for me).

 

Also, I live near Altadena (CA), and the closest courthouse I think is in Pasadena (CA), why would they file in Chatsworth (CA)?

 

Please somebody help

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just check that docket daily and make sure they don't have that it was served to you.  It will tell you when they say you are served.  Noting to do but wait until they get around to serving you.  If it is in chats-worth, you can start studying up on a motion to dismiss for improper venue.  They need to sue you in the court near your home.

Once you are served, we will walk you through the steps.  You will have 30 days to answer the suit once it is served.

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Well your choices would be

1.  go and get a copy of the summons, serve yourself, and then answer it with a motion to dismiss for improper venue.

2. Call the attorney of record tell him you notice there is a suit, but you were never served, and arrange for service.

3. Let it go, where they will eventually get a default judgement, and then file a motion to vacate. (harder)

4. File a motion to quash service since it was not served to you.  But you would have to go to the court to file it, unless they will accept it by fax, you could call the court and find out.

 

I would also apply for financial help with the court, you can get a fee waiver.

Start studying the thread pinned at the top of the forum by ASTmedic, as well as the thread (search) by homelessinca and string.  That should get you started.

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Go to www.naca.net and find yourself a consumer attorney now. Sounds like they are trying sewer service on you to get a default judgment. You may have enough now for one to take you on contingency. The first consult is usually free. It won't hurt to check it out.

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Thanks, but their website keeps giving me an error msg.

 

I was wondering what other free legal aid resources I may have in Los Angeles. The main issue is that I cannot afford the gas, and so even a small drive is quite expensive to me.

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Hi guys,

I need some urgent help with this case. I am not a lawyer and thus quite scared of what is happening.

 

Few days ago i received a letter from a legal aid stating that I was the defendant in a lawsuit case (credit card debt).  I used the case number they gave me and checked, and indeed there is a lawsuit against me.

 

Today, about 10 days later, I find that:

 

09/10/2015 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS

TO (XXXXXX, YYYYYYY).

 

but i never received anything!!!! and my wife, who has lost her job is at home all day and she never got anything!!!

 

What should i do??? Who has received my papers? How am I supposed to defend myself if I do not know what's in those documents? (I do not have the money to go to court, the gas is way too expensive for me).

 

Also, I live near Altadena (CA), and the closest courthouse I think is in Pasadena (CA), why would they file in Chatsworth (CA)?

 

Please somebody help

 

I would use the help of legal aid since they are offering it to you.

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Well I know that some courts combined in Cali because of the overload of cases, so it could be the proper venue.  You will get no help for gas money, the most you will get here is a fee waiver to answer.

you can apply for it using this form http://www.courts.ca.gov/documents/fw001.pdf and submit it to the court when you answer the suit.

 

There is lots of California help here on fighting this.  We can help you fight, and possibly get the case dismissed, but you will incur some expenses.  Like gas to and from court, and postage.  You will need to send everything CMRRR (certified, return receipt requested) for the best possible out come for your case.

 

My first step would be to file a motion to quash.  That will at least buy you a little bit of time to study up.  They will have to serve you before they can continue.  If you don't you risk a default judgement since they are claiming you were served.

 

I am sure @calawyer and @Anon Amos will be along shortly, as well as a host of other cali members. :-)

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Yes..Cali, because of budget cuts, combined their Court systems awhile back.  Collection cases in Los Angeles County are held in either Norwalk or Chatsworth. I used to live in Pasadena and my case was  filed in Chatsworth which was the proper venue. You can check their online court dockets and check up on them daily as shellie mentioned.

 

You can definitely file a motion to quash, or perhaps get a copy of what they filed with the court, and just take it from there...which means answering in 30 days. 

 

If you do file a motion to quash they will just turn around and file again and serve you this time, I'm supposing.  But I will say that if you plan on using the Motion to Quash,  if you answer the claim, then the Motion to quash is nullified,  tho'  I'm not entirely sure about that. Hopefully someone else will chime in for you.

So probably a good idea to gather your info and decide where you would like to spend your time.

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I wouldn't bother with a motion to quash unless you are just trying to buy some time (or Calawyer recommends it). You need to see what was filed as far as the proof of service goes. You need a copy of the complaint. You can call the court clerk and the lawyer, but I wouldn't count on either one them for much. By law you are required to have a copy of everything plaintiff files served to you. They have to mail you a copy. You may call the lawyer and tell them.

 

You need to answer the complaint on time (unless you file the motion to quash) and with your answer you can file a motion for change of venue to the closest court  to you, as that is where they were supposed to file.

 

You may be able to fax file or e-file everything. Check the court website for the rules and see what it says. You may be able to use the phone and fax or email to save your gas. Be careful talking to the lawyer, and don't say more than you have to. If you call the law firm I would only speak to the lawyer.

 

Edit:

As mentioned however, if you are in LA, your choice is either Norwalk or Chatsworth. (I was thinking you were in SF before I read closer).

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  Collection cases in Los Angeles County are held in either Norwalk or Chatsworth. I used to live in Pasadena and my case was  filed in Chatsworth which was the proper venue.

 

Then it appears the motion for change of venue will not apply unfortunately.

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I would do as usctrojanalum said and hook up with the Legal Aid who contacted you and see if they can help.

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