Helloimkitty

Being sued by kenosian & miele with wrong Information

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Hi everyone, I’ve been actively reading all the forums and find everything so helpful.  However, it looks like no one’s experienced what I have gone through so far. 

A packet arrived in first class mail for my husband today, however, the case was filed back in November 13, 2019 to the superior court of Orange County and stated that he has 30 days to respond. This is the first time seeing this packet come in the mail. no one has ever served us papers. However, The letter attached to these papers that arrived with the copy was dated on 1/15/2020 but we just received it today, January 27th. 

there are other funny things in the court paperwork like the defendant being his name along with “DOES 1 to 5, inclusive” and wrong address.   It mentions something about fictious  names. Lol

 

what do you all suggest we do going forward?

1FB166EE-1E39-455A-8E7A-788D5BAA11F8.jpeg

A7653E64-F77C-49AC-8081-673196833784.jpeg

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13 hours ago, Helloimkitty said:
 
 

Hi everyone, I’ve been actively reading all the forums and find everything so helpful.  However, it looks like no one’s experienced what I have gone through so far. 

A packet arrived in first class mail for my husband today, however, the case was filed back in November 13, 2019 to the superior court of Orange County and stated that he has 30 days to respond. This is the first time seeing this packet come in the mail. no one has ever served us papers. However, The letter attached to these papers that arrived with the copy was dated on 1/15/2020 but we just received it today, January 27th. 

there are other funny things in the court paperwork like the defendant being his name along with “DOES 1 to 5, inclusive” and wrong address.   It mentions something about fictious  names. Lol

 

what do you all suggest we do going forward?

1FB166EE-1E39-455A-8E7A-788D5BAA11F8.jpeg

A7653E64-F77C-49AC-8081-673196833784.jpeg

John Does in court cases are not uncommon. I have had that in the past. 
 

Proceed the way you would any other case. 

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If you look the case up online, it probably says they tried to serve you in person and were unsuccessful, and were granted permission for alternative service via regular mail. 

If you ignore it, it's going to result in default judgment, then you have to go to court to try to get that set aside. Unless you plan to lie, you have to tell the court that you received the letter in the mail, meaning you were likely properly served and the default judgment will stand. Even in the best case scenario where you get the default judgment set aside, they'll just turn around and serve you again, and you'll be right back where you are now. 

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Check the online case file, it should identify what form of service they are claiming. It may have been "Substitute Service" which is common. If that's the case you'll have 40 days to respond starting the date they mailed the copy that you received; the packet should have contained a Proof of Service indicating what day they mailed it. Important to confirm both the service type and date.

You'll have two good options by which to fight this in CA: arbitration or trial. Arbitration seems to be the quicker/less demanding route; you'll want to look for a card agreement (you can look for generic agreements online) and review the arbitration clause if it has one.

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On 1/29/2020 at 5:33 PM, RyanEX said:

Check the online case file, it should identify what form of service they are claiming. It may have been "Substitute Service" which is common. If that's the case you'll have 40 days to respond starting the date they mailed the copy that you received; the packet should have contained a Proof of Service indicating what day they mailed it. Important to confirm both the service type and date.

You'll have two good options by which to fight this in CA: arbitration or trial. Arbitration seems to be the quicker/less demanding route; you'll want to look for a card agreement (you can look for generic agreements online) and review the arbitration clause if it has one.

@ryanex they didn’t include a proof of service. I’ll check online for the case file shortly. Thank you! 

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