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Summons not served in person, name and address incomplete


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I'm in Los Angeles County and recently had a summons left in the general mail box for our apartment building. 

I'm being sued by Hunt & Henriques and before I start filing my General Denial papers, I wanted to see if there are other angles I should use based on how the summons was (not really) delivered.

First off, the date that it was filed with the court was April 1st. The summons was not discovered in the apartment mailbox until April 14th. It says I have 30 days to file a written response "after this summons and legal papers are served on you". How do they know if and when I even served if it was just left in the apartments junk mail box?

On top of that, it did not have my full name or apartment number. I am a "JR", and in apartment # 2. My father, who is "SR", is in apartment # 1. There was no "JR" or "SR" on the summons, and there was no apartment number. So given the situation, the summons could just as easily be for my father. 

(Maybe I should have my father reply to the summons and say the debt is not his?!? Just kidding... unless that would work!)

Considering how sloppy this summons was served, does that create any opportunities/advantages I should utilized in order to make beating this lawsuit a little easier?

Any advice is greatly appreciated!!!

 

Sincerely,

John in LA

 

 

 

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@JOHNINLA let the California atty general's office know about the sewer service. https://oag.ca.gov/consumers

For some angles, this Atty General lawsuit against Chase for sewer service among other issues may help.

https://oag.ca.gov/system/files/attachments/press_releases/Complaint_0.pdf

 

Find your case info at the county court website to keep up to date on activity and check on a regular basis. You can post your case in the other section after answering the questions for additional help from California posters. The file at the courthouse may have additional detail by the process server you can review to see if it matches reality for how service was made.

http://www.creditinfocenter.com/community/forum/177-is-there-a-lawyer-in-the-house/

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

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Thanks @CCRP626!

 

Below are my answers to the questions. Please let me know if any additional info is needed. If you could also suggest which other sections I should post in, it would be greatly appreciated! 

 

**************************

1.Who is the named plaintiff in the suit?
CAPITAL ONE BANK (USA), N.A.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Hunt & Henriques

3. How much are you being sued for?
$8,XXX

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)
Summons left near enterance to apartment building.


6. How were you served? (Mail, In person, Notice on door)
The summons was slid under the main enterance door to the apartment building. It was not locked. There are six units in the building.

7. Was the service legal as required by your state?
NO

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None that I know of.

9. What state and county do you live in?
California

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
4/2014

11. What is the SOL on the debt? 
4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
"Status: Pending"

Last Entry on Case Summary:
04/15/2016 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS
TO (my name without the "JR") .


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
No

15. How long do you have to respond to the suit? 
30 Days "after the summons and legal papers are served on you". That allegedly happened on 4/15.

(This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. 


Common Counts
Contract Rule 3.740 collections (09)

Plantiff: Capital One Bank (USA), N.A.
alleges that defendant
became indbted to plaintiff
-within the last four years
--on an open book account for money due.
--because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

-within the last four years
--the money lent by plaintiff to defendant at defendant's request
--for money paid, laid out, and expended to or for defendant at defendant'sspecial instance and request.

-$8,XXX, which is the reasonable value, is due and unpaid despite plaintiff's demand,
--plus prejudgement interest at the rate of 0.0000 percent per year from March 11, 2015


Did you receive an interrogatory (questionnaire) regarding the lawsuit?
No


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Nothing

 

 

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@JOHNINLA the section I was referring to where the new cases are posted for help with those questions answered is http://www.creditinfocenter.com/community/forum/177-is-there-a-lawyer-in-the-house/

if you scroll down that page you'll see many cases. Make sure to post California in the title to catch the right eyes. You can also detail what happened with the service or direct anyone to this thread for the detail.

It's my guess you'll be able to have time to answer that complaint since you weren't properly served but you'll have to get the Judge/Clerk to give a time extension. The California people here are very knowledgeable and will know the procedure.

 

 

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