overseas&inneed Posted January 20, 2019 Report Share Posted January 20, 2019 I received a "Notice of Intent of Legal Action" from Kenosian and Miele, LLP but I no longer reside in the states or have assets there. I've been given until 1/26/19 to respond. Should I contact the CA, the law firm handling the case, or the OC to inform them that I am living overseas for the foreseeable future? Is a phone call/email enough or do I need to find a way to send a CMRR? Quote Link to comment Share on other sites More sharing options...
MouseRabbit Posted February 13, 2019 Report Share Posted February 13, 2019 *bump* I'm curious because, don't they have to serve the lawsuit to you in-person? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted February 13, 2019 Report Share Posted February 13, 2019 If the plaintiff thinks you are evading service, they can ask the court to use a process called alternative service such as mailing the complaint and summons to your last known address and/or putting the complaint and summons in your local newspaper and that has the same effect as being served. That said, you can contact the attorneys office and inform them that you are not in the USA. Some will realize that the effort is futile. Others will try anyways. If you find that a case has been started, you can file an answer with the court stating that they do not have jurisdiction over you as you and your assets are not in the USA. Also, realize that if you leave the USA before the SOL has expired, the SOL on the debt is tolled until you return. 1 Quote Link to comment Share on other sites More sharing options...
overseas&inneed Posted February 13, 2019 Author Report Share Posted February 13, 2019 3 hours ago, WhoCares1000 said: ... That said, you can contact the attorneys office and inform them that you are not in the USA. Some will realize that the effort is futile. Others will try anyways. If you find that a case has been started, you can file an answer with the court stating that they do not have jurisdiction over you as you and your assets are not in the USA. ... I contacted the attorneys office, as per your advice, before the January 26 deadline. I have yet to hear a response from them so I am keeping my fingers crossed. Thank you again for your time and help. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted February 13, 2019 Report Share Posted February 13, 2019 I would check the court website from the county in California you lived in to see if you have been sued yet. Then might have simple gone to the courthouse without bothering to tell you. Quote Link to comment Share on other sites More sharing options...
overseas&inneed Posted February 14, 2019 Author Report Share Posted February 14, 2019 I’ve been checking and there’s nothing so far. Could they file in a different county? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 14, 2019 Report Share Posted February 14, 2019 10 hours ago, overseas&inneed said: I’ve been checking and there’s nothing so far. Could they file in a different county? Not legally, but it has been known to happen, either accidentally or intentionally. Quote Link to comment Share on other sites More sharing options...
overseas&inneed Posted March 4, 2019 Author Report Share Posted March 4, 2019 So I checked my county's court website today and it appears that summons were in fact issued/filed on February 7th. Looks like no further action has been taken. What should I do at this point? I'm freaking out. Quote Link to comment Share on other sites More sharing options...
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