Received summons from collection agency
Asked Oct 8, 2009, 06:13 PM
Thanks in advance to any who can offer help.
Recently we moved out of our rental but drove by to pick up any remaining mail. In the mail box was a copy of a summons from mann bracken LLP for Target National Bank for debt collection. We moved on of the rental on 10/2, so the house was vacant. We picked up the mail on 10/7. Could they (the person delivering the summons) just leave it in the mailbox like that? I live in CA and researched the rules on serving a summons and this is what I found:
415.20. (a) In lieu of personal delivery of a copy of the summons
And complaint to the person to be served as specified in Section
416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by
Leaving a copy of the summons and complaint during usual office
Hours in his or her office or, if no physical address is known, at
His or her usual mailing address, other than a United States Postal
Service post office box, with the person who is apparently in charge
Thereof, and by thereafter mailing a copy of the summons and
Complaint by first-class mail, postage prepaid to the person to be
Served at the place where a copy of the summons and complaint were
Left. When service is effected by leaving a copy of the summons and
Complaint at a mailing address, it shall be left with a person at
Least 18 years of age, who shall be informed of the contents thereof.
Service of a summons in this manner is deemed complete on the 10th
Day after the mailing.
(b) If a copy of the summons and complaint cannot with reasonable
Diligence be personally delivered to the person to be served, as
Specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may
Be served by leaving a copy of the summons and complaint at the
Person's dwelling house, usual place of abode, usual place of
Business, or usual mailing address other than a United States Postal
Service post office box, in the presence of a competent member of the
Household or a person apparently in charge of his or her office,
Place of business, or usual mailing address other than a United
States Postal Service post office box, at least 18 years of age, who
Shall be informed of the contents thereof, and by thereafter mailing
A copy of the summons and of the complaint by first-class mail,
Postage prepaid to the person to be served at the place where a copy
Of the summons and complaint were left. Service of a summons in this
Manner is deemed complete on the 10th day after the mailing.
They (person delivering the summons) did not notify anyone of the summons because we already moved out. There is no proof of service. Is this legal?
I read on the summons that I "have 30 CALENDAR DAYS after this summons and legal papers are served to file a written response at this is court and have a copy served on the plaintiff." How do I this?
I'm confussed, scared and unsure of what I need to do. There is a case # but no court date. In fact the only date I see is stamped Jul 8 2009 by the deputy clerk.
Again, any help would greatly be appreciated. I won't bore you with our "sob" story, I want to settle with them and pay but not sure if making a call to the attorney's office would be enough.