grateful lady

Has anyone seen this? I am being sued by Midland Funding in Ca. and the summons is not filled out.

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Being sued by Midland in California, and  the summons was not completed. (In the section that states NOTICE TO THE PERSON BEING SERVED: You are served as.....there is not anything marked. I pulled the proof of service of summons and the server checked the box: as an individual defendant.  under penalty of perjury no doubt

I am wondering if this is significant?  if so what can I do about it? I have searched everywhere about 'the process of service' but to no avail. thank you for any help. 

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On 10/28/2019 at 10:50 AM, RyanEX said:

I don't think it's significant.

When were you served? Were you personally handed the summons?

 

Code of Civil Procedure - CCP

412.30.
 In an action against a corporation or an unincorporated association (including a partnership), the copy of the summons that is served shall contain a notice stating in substance:  “To the person served:  You are hereby served in the within action (or special proceeding) on behalf of (here state the name of the corporation or the unincorporated association) as a person upon whom a copy of the summons and of the complaint may be delivered to effect service on said party under the provisions of (here state appropriate provisions of Chapter 4 (commencing with Section 413.10) of the Code of Civil Procedure).”  If service is also made on such person as an individual, the notice shall also indicate that service is being made on such person as an individual as well as on behalf of the corporation or the unincorporated association.

 

If such notice does not appear on the copy of the summons served, no default may be taken against such corporation or unincorporated association or against such person individually, as the case may be.

👁️((I was handed the summons it is for my husband.  I -we have until Monday.  ))

I just found this, stating that if the summons does not indicate that service is made on such a person as an individual as well as on behalf of corporation no default may be taken...My question would be as to my next move,  such notice does not appear on my copy of this summons?.....

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On 10/28/2019 at 11:16 AM, LaneBlane said:

That summons is dated September 12, 2019.  Have you filed your response?

no not yet, it was served to me, on oct 24th for my husband and then they sent a copy of it in the mail. 

so we have ten extra days that makes Monday.

I wanted to find something about the blankness of this summons. and I did much to my surprise.  ccp 412.30

I know it is last minute on an answer but it looks like they are not be able to get a default judgement anyway.

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1 hour ago, grateful lady said:

no not yet, it was served to me, on oct 24th for my husband and then they sent a copy of it in the mail. 

so we have ten extra days that makes Monday.

I wanted to find something about the blankness of this summons. and I did much to my surprise.  ccp 412.30

I know it is last minute on an answer but it looks like they are not be able to get a default judgement anyway.

Oct 24th or Sept 24th?

This would be substitute service - is that how it appears on your online case file? Usually the type of service (personal, substitute, etc) is named, but not always.

Anyhow, substitute service is considered complete when the 2nd copy is placed in the mail, not when you were handed the first copy. The 40 day timeline begins that day. Your mailed copy should have come with a proof of service, you'd go by the date on that.

CCP 415.20 B
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.99

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