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I recently got word that I was sewer served again by H&H. I haven't seen the summons yet however I'm anticipating that it will be exactly the same as the previous case. This one was about a month away from SOL. I'll keep this updated so others can learn the process. I don't expect to to have any questions this time around. For anyone who would like to see how confused I was by all this the first time, and a detailed account of how we got them to dismiss the case, here is the link to my other topic:

John

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John,

Been a few years sorry to see you are back.  Obviously, you can see your opponent hasn't changed their business model based on the sewer service.  Can you share a bit more about the particulars of the service of this case?

The reason I am asking is you forced them to dismiss during the last battle.  So they know what your plan of attack will be.  Now they may not change anything, and you may end up doing the same dance.  On the other hand, they may make some large changes in how they attack this time.  Examples-

1.  They obviously know that you are willing to fight, so they are attempting to get default by what you call sewer service?  Last time they served you at your last address known.

2.  They may go offensive and file a MSJ at the earliest possible time.  This would shift the burden to you to show a "issue of fact in dispute" that needs to be determined by the judge.  There is no reason for them to send discovery and jump through all that paperwork, they know how you will answer.  They know you will force a witness as you did last time.  Motion for Summary Judgement responses are not impossible for a Pro Se to beat back, but they are technical in nature and a lot of work to prepare.  Then you are still at the mercy of the court to agree with your opposition to the motion. 

My point is it would be better to be proactive and prepare for additional battle attacks you can make.  What does this mean?

I don't know if this would work, others could chime in as I could be wrong on this strategy!

If the service of the new suit is clearly illegal or outside the statutory requirements.  For example did they "knowingly file in the wrong county/jurisdiction".  If so then let them have the default judgement, then go back and get it vacated and dismissed.  They will need to refile in the correct jurisdiction, only problem is the SOL will have expired if there is only a month left when they filed this second suit.

So give us a little more about the service of the suit just in case the above scenario is valid.

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If the OP does not answer, then the plaintiff will file for a default rather than a MSJ. It will be the default that will then need to be vacated but the case will not be dismissed. The plaintiff will simply be ordered to properly serve the defendant and then things will continue from there.

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6 hours ago, WhoCares1000 said:

If the OP does not answer, then the plaintiff will file for a default rather than a MSJ. It will be the default that will then need to be vacated but the case will not be dismissed. The plaintiff will simply be ordered to properly serve the defendant and then things will continue from there.

Your statement is accurate, except the last case they served him in a county he did not live in, complete wrong jurisdiction.  He fought the case in that jurisdiction and was able to force dismissal.  I was just spit balling and idea, have no clue if it would work.  But if they again filed in wrong jurisdiction, could he take the default, get it vacated and dismissed.  This would then force them to refile in the correct jurisdiction.  In doing so the SOL that is in play in the 30 days according to OP would be in play.

As I said I wouldn't do this unless I answered a number of questions to be sure...

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@skippy1960 You're back! I couldn't have forced that dismissal without you.

I picked up the summons. I guess it was substitute service this time. The process server asked my father if he was Mr. (my last name) and of course he said yes. Server just walked off when he said "this isn't my first name." I looked up on the court website and it just says pending. I've been using my parents address for this because it is quite far from H&H, out in the middle of nowhere, so is the courthouse. There's actually only 2 cases in the county with PRA, I'm not sure if that's good or bad. The address will change again soon however I will submit the correct forms timely. My folks are moving again.

The summons contains the front page, a PLD-C-001 marked with common counts as the cause of action. Open book, account stated, and no signature by H&H or PRA anywhere on any of the forms.  There is no proof of service, no account information, etc. The summons is only 10 pages long and half is for ADR. I feel like this is a new employee who doesn't know what she is doing. The last summons on the previous case was massive. The amount they are suing for this time is about $3k.

I am 100% certain that SOL is up after June. It may even be already. I won't know until they provide the account statements.

 

I'm not sure what MSJ would entail. You're saying they would create a situation where I would have to prove this account didn't exist. Basically a guilty until proven innocent situation? 

 

@WhoCares1000 I don't plan to not answer, I'd rather not go that route. If there is someway to prove I wasn't properly served then that would be nice, since SOL is very soon. Seems like a last ditch effort by them.

 

 

 

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33 minutes ago, John4600 said:

@skippy1960I'm not sure what MSJ would entail. You're saying they would create a situation where I would have to prove this account didn't exist. Basically a guilty until proven innocent situation? 

@WhoCares1000 I don't plan to not answer, I'd rather not go that route. If there is someway to prove I wasn't properly served then that would be nice, since SOL is very soon. Seems like a last ditch effort by them.

I wouldn't worry too much about a MSJ unless it happens. I think skippy was just throwing out a hypothetical.

When it comes to the SOL, what matters is when they file the suit, not when they serve you. If they filed it before the SOL is up, that's all that matters.

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Not to mention, if the court finds that you were not properly served, its more likely that they will simply start all over at the beginning and have the plaintiff properly serve you, if they do anything at all.  They may consider you properly served and move on because the purpose of service is to make you aware and you are clearly aware, so the court might even leave it as it is and move on.  It would not erase their filing of the case, so it would most likely have no effect on their ability to sue this time.  The court will still most likely view it as they filed at the same time, so if SOL is up next month, it would not matter for that.  SOL will help you if you get this case tossed, and then they will be out of luck after that.

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Update on this case:

Plaintiff sent me a demand for production of documents, and interrogatories, this is a bit earlier than I expected. Of course they are almost exactly the same as in my previous case. The plan is too just fill in the current info from my last responses.

In addition to responding to these I will send H&H a bill of particulars and a request for production of documents as well. I'm still unaware if this case is passed SOL, and to clarify that is the date of the last payment when that begins correct? Is there a special way I can gather this information from them? I was thinking of asking them to "provide the date of the last payment made on alleged account." Any input is appreciated. 

On another subject, getting threats for other accounts that are definitely passed SOL, should I send a letter back saying that "all alleged accounts are passed SOL" and to cease and desist communication?

 

Thanks everyone.

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