live in California. I was not properly served the summons and complaint. One of my creditor's gave a summons and complaint to my mother. On july 4. i received it from my mother. How should i fight this?
I need buy as mush time as possible before filling bankruptcy unfortunately, my parents are involved in my credit card debts. I don't work, have less than $1 on my bank account. I have a substance amount of debt. I read something about a motion to vacate default order. Equifax shows delinquent 5/2003 and 4/2003. Experian shows delinquent 7/2003, and 6/2003. Please help.

SUZZIE

first-i hope your user profile is not your real information...this can be tracked if you did use it. it is also stored in your computer memory that you are asking these questions...
your parents can say you were out of town seeing other family or friends and you could not be reached to give you the message that someone served you. this process should have not been done on the 4th of july.

mr.yet

You can file motion to dismiss, for improper service of summons, it will buy time nothing more.

Have they been granted a default judgment? If so file Motion to vacate for improper service. Again will only buy you some time

end

5683HUGGS

The SOL for California is 4 years, at least that is what I read. I have a NON-APPEARANCE CASE MANAGEMENT REVIEW SCHEDULED for a future date. I don't know what that is.
Also there is still the inconsistency of Equifax shows delinquent 5/2003 and 4/2003. Experian shows delinquent 7/2003, and 6/2003. If Equifax is right, the SOL expired, since the 4 years has passed. The summons states that is was delivered 6/28. What are my options?

Lowtax4eva

Wait im confused, are your parents listed on the account that is on collection now? Or by involved did you mean they just know of it?

5683HUGGS

They are not on the account.

slowandeasy

why do you need to "buy more time before filing bankruptcy" The new bankruptcy laws are very srtict and you will have to do a means test to see if you can file Chapter 7or 13
and once you file you have to give them all information

5683HUGGS

I work a two week period this year and previously haven't work for 6 years or so. I have been on government aide for many years. I was recently canceled because my son reached the required age of 19. I don't have any real property, savings, stocks, bonds, or etc., I have one bank account totally no more than $1.00. I have been postponing filing my first bankruptcy because my father is attached in one of my credit cards. My father's only income is social secuity and his pension. I do have a susbstancial amount of credit card debt, nothing else. I was informed from my previous bankruptcy attorney, I don't need to pay, if I file. Unfortunetley, he required full payment before filling, and all I can afford is $5 or $10 here and there. I spoke to him on July 5, to my surprise he said he was no longer my attorney.

ScottGem

First, please do not ask questions via PMs. You can PM a link to a public post if you want someone specific to take a look at it.

Are you saying that when your parents finally gave you the summons, the time period to respond had ended? If not, file your motion to defend. If it has, file a motion to quash based on improper service. Once you get a new hearing, you can request validation of the debt to determine whether the SOL expired or not.

5683HUGGS

The time has not yet lapsed. I called the court, they never heard of motion to defend. Can it be called something else. The clerk was no help.