LegalWarrior

Is a Declaration re: Due Diligence; an extension of time for the 60 day serving requirement in california?

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Good day all...

First i would like to say that this is my very first post/question on this site and i am so glad i found this site to help me with my legal research on being sued by unifund.

Now for the question....

A lawsuit was filed against me on may 30th, 2020 in los angeles CA by UNIFUND CCR LLC.

They were unsuccessful in serving me the papers until January 31st 2021.

i know that Cal. Rules of Court, rule 3.110, subd. (b) [“The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.”].

But  on july 25th 2020 a Declaration re: Due Diligence; Filed by: UNIFUND CCR, LLC, (Plaintiff) was filed.

So my question is....is the declaration of due diligence a extension of time to serve me the complaint? Or did they violate the 60 day rule to serve me? 

also if they violated the 60 day rule, what would that mean to me? (they have to refile? Do i do a motion to drop the case?..etc..etc..)

Thanks in advance for any and all answers that this post might generate.

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48 minutes ago, LegalWarrior said:

Good day all...

First i would like to say that this is my very first post/question on this site and i am so glad i found this site to help me with my legal research on being sued by unifund.

Now for the question....

A lawsuit was filed against me on may 30th, 2020 in los angeles CA by UNIFUND CCR LLC.

They were unsuccessful in serving me the papers until January 31st 2021.

i know that Cal. Rules of Court, rule 3.110, subd. (b) [“The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.”].

But  on july 25th 2020 a Declaration re: Due Diligence; Filed by: UNIFUND CCR, LLC, (Plaintiff) was filed.

So my question is....is the declaration of due diligence a extension of time to serve me the complaint? Or did they violate the 60 day rule to serve me? 

also if they violated the 60 day rule, what would that mean to me? (they have to refile? Do i do a motion to drop the case?..etc..etc..)

Thanks in advance for any and all answers that this post might generate.

Here is one reason for the declaration.  I don’t know if it’s used for other reasons.  In the link, go down to “Service by publication”.

“Once you have taken all the steps your court requires before asking to serve by publication:

Write up a “Declaration of Due Diligence,” which is a document where you tell the court every attempt you made to find the other side.”

https://www.courts.ca.gov/selfhelp-serving.htm?rdeLocaleAttr=en

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8 minutes ago, BV80 said:

Here is one reason for the declaration.  I don’t know if it’s used for other reasons.  In the link, go down to “Service by publication”.

“Once you have taken all the steps your court requires before asking to serve by publication:

Write up a “Declaration of Due Diligence,” which is a document where you tell the court every attempt you made to find the other side.”

https://www.courts.ca.gov/selfhelp-serving.htm?rdeLocaleAttr=en

Thank you for responding bv80,

Yes i did see that on the california self help site. But it also says...

“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”

Since it is the most reliable, “personal service” is valid in all types of case.  Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.

Which is why i'm still confused on the time for service is. I am not sure if it was an extension of time or not.

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14 minutes ago, LegalWarrior said:

Thank you for responding bv80,

Yes i did see that on the california self help site. But it also says...

“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”

Since it is the most reliable, “personal service” is valid in all types of case.  Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.

Which is why i'm still confused on the time for service is. I am not sure if it was an extension of time or not.

Since I’m not from CA, where did you find the 60 day rule for service?

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4 minutes ago, BV80 said:

Since I’m not from CA, where did you find the 60 day rule for service?

https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110

which confuses me even more because it says "This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a),"

 

 

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i think i just found my answer.....

 

https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_740

 

(c) Exemption from general time-for-service requirement and case management rules

A collections case is exempt from:

(1)  The time-for-service requirement of rule 3.110(b); and

(2)  The case management rules that apply to all general civil cases under rules 3.712-3.715 and 3.721-3.730, unless a defendant files a responsive pleading.

(d) Time for service

The complaint in a collections case must be served on all named defendants, and proofs of service on those defendants must be filed, or the plaintiff must obtain an order for publication of the summons, within 180 days after the filing of the complaint.

(e) Effect of failure to serve within required time

If proofs of service on all defendants are not filed or the plaintiff has not obtained an order for publication of the summons within 180 days after the filing of the complaint, the court may issue an order to show cause why reasonable monetary sanctions should not be imposed. If proofs of service on all defendants are filed or an order for publication of the summons is filed at least 10 court days before the order to show cause hearing, the court must continue the hearing to 360 days after the filing of the complaint.

 

So what now? my brain is starting to hurt. =(

 

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14 minutes ago, LegalWarrior said:

https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110

which confuses me even more because it says "This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a),"

 

 

Here’s the rule:

(b) Service of complaint

The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

The referenced 60 days applies to filing the proof of service after the complaint has been served.

However, collection cases under 3.740(a) are exempt from that 60-day rule.  Here is 3.740(d).

 

(d) Time for service

The complaint in a collections case must be served on all named defendants, and proofs of service on those defendants must be filed, or the plaintiff must obtain an order for publication of the summons, within 180 days after the filing of the complaint.

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2 minutes ago, LegalWarrior said:

So what now? my brain is starting to hurt. =(

You also needed to take the pandemic into consideration.  Courts may (or may not) have extended time for service.

Please copy and answer the questions in the link.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

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1 minute ago, BV80 said:

You also needed to take the pandemic into consideration.  Courts may (or may not) have extended time for service.

Please copy and answer the questions in the link.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

Thanks for your time on this and i will go answer the questions right now..

 

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