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rgeorge

False Proof of Service Filed with Courts

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Like others on this board, a law suit was filed against me however, I have yet to be served. 

I too am using the case number to monitor the case, however, I learned today (9/17/19) that on 9/10/19, a Proof of Service was filed an in it the server testified that he saw me, spoke to me and that I verified my identify by verbally responding that it was me when he asked me my name. He has a date and time stamp of when he supposedly served me, however this is completely false. 

I have my google maps that show I was not at home at the time he claims he served me - in fact, I was driving. 

I don't have funds to pay or even offer a settlement so I am treading carefully. My hearing seems to be dated for 2020 - is that right??? In any case, can the case be dismissed based on false proof of service?

Thank you in advance.

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2 hours ago, rgeorge said:

I have my google maps that show I was not at home at the time he claims he served me - in fact, I was driving. 

Was anyone else at home that he might have served?

2 hours ago, rgeorge said:

I don't have funds to pay or even offer a settlement so I am treading carefully.

Who is the Plaintiff?  Is this a JDB or original creditor?  How much are they suing for?

2 hours ago, rgeorge said:

My hearing seems to be dated for 2020 - is that right???

In California:  yes.  Some of their courts are so busy that hearings are 18 months to 2 years out.

2 hours ago, rgeorge said:

In any case, can the case be dismissed based on false proof of service?

Can it?  Yes.  Here is the problem.  In order to file for dismissal based on improper service you have to admit you know about the suit.  The court will dismiss without prejudice and they will simply re-file and serve you correctly.  The other option is riskier which is to let them get a default judgment then motion to vacate it for improper service.  The risk is you would have to admit to the court you knew about the fraudulent service within 7 days of it happening in which case the Judge could rule you were not unfairly prejudiced by the judgment because you chose to do nothing.  

Check with a Consumer Attorney to see if there are FDCPA violations or California state law violations that can help you and possibly give you a counter claim.  DO NOT delay because they have purported to serve you the clock is ticking to answer.  Most consumer attorneys will do a first consult for free.

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On 9/17/2019 at 8:38 PM, rgeorge said:
 

Like others on this board, a law suit was filed against me however, I have yet to be served. 

I too am using the case number to monitor the case, however, I learned today (9/17/19) that on 9/10/19, a Proof of Service was filed an in it the server testified that he saw me, spoke to me and that I verified my identify by verbally responding that it was me when he asked me my name. He has a date and time stamp of when he supposedly served me, however this is completely false. 

I have my google maps that show I was not at home at the time he claims he served me - in fact, I was driving. 

I don't have funds to pay or even offer a settlement so I am treading carefully. My hearing seems to be dated for 2020 - is that right??? In any case, can the case be dismissed based on false proof of service?

Thank you in advance.

I would look up the case # and find the file the "server" submitted, if you can prove you weren't there and he said you were on the court document that you were the one served. Than he just perjured a court document. The same thing happended to me with the case I have right now, I still have to find out what if anything I can do about that.

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