Hi There,

I'm being sued by capital one. This is what the court shows but I don't understand it. What has been vacated.


Viewed Date Action Text Disposition
10/06/2010 8:30 AM DEPT. R11 OSC RE: STATUS OF DEFAULT JUDGEMENT PURSUANT TO CRC3.740
03/24/2010 8:30 AM DEPT. R11 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED
10/07/2009 VACATE OSCSVC HEARING SCHEDULED FOR 03/24/10 AT 08:30 IN DEPARTMENT R11. Not Applicable
10/07/2009 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED AS TO. PARTY SERVED ON 10/03/09. TYPE OF SERVICE IS PERSONAL. WITH FEES OF $64.50. Not Applicable
09/30/2009 AFFIDAVIT OF VENUE - FILED. Not Applicable
09/30/2009 CASE AND PARTY INFORMATION ADDED Not Applicable

JudyKayTee

That is not an adequate response - you have to address the various "charges" in the Complaint.

You can, of course, send a cover letter that you are attempting to work things out but you MUST respond to the "charges" or you will be in default.

drivedoctor

JudyKayTee is absolutely correct. Telling the court a defendant is trying to settle with the plaintiff's attorney is not an adequate response and could possibly lead to a default judgment.

Remember, if a defendant fails to dispute the allegations made in the lawsuit, those allegations will be considered as fact by the court (judge). It's usually best if a person goes line by line and disputes any allegation they disagree with.

Also remember the Summons is not the actual lawsuit. The summons is just the official notice from the court clerk that a person has been sued and when an Answer (response) is due. The "Complaint" or "Petition" usually is the actual lawsuit explaining the Plaintiff's "allegations" against the Defendant.

Also if it's possilbe, it's best to file a response 3 full business days before the deadline so it can be mailed to the opposing attorney and if for any reason the court clerk doesn't "accept" your paperwork, you have an opportunity to make corrections.

I hope this helps.

JudyKayTee

Actually this is very incorrect information/advice. A Summons is NOT a notice from the court clerk that a person has been sued.

Where are you located?

drivedoctor

From dictionary.law.com -

summons n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpoena, which is an order to a witness to appear.

So "generally" speaking, a summons is an official notice a defendant has been sued and in the "majority" of states, it's issued by a court clerk.

However, there are some states where the complaint or petition is not required to be filed with the court before the it is served on the defendant.

The following states do not "require" the summons and complaint (lawsuit) to be "initially" filed with the court before it's served (delivered) to the defendant:

1. Colorado
2. Minnesota
3. New York
4. North Dakota
5. South Dakota
6. Utah
7. Washington.

So depending where you live, your mileage may vary. That's why it's important to become familiar with the Court Rules & Civil Procedures of the court your operating in.

I hope this helps.

JudyKayTee

You are confusing issues - in my area the law firm prepares the Summons and the Court Clerk simply stamps it. That's why I asked where you are.

Whether or not it has to be filed with the Court Clerk prior to service is a whole different subject.

And I have no idea what "... your mileage may vary ..." has to do with servicing a Summons.

You are confusing - in my area - a Summons and a Subpoena. Who are you saying gets paid mileage in connection with a Summons?

And for the record - I own/operate a process service company.

drivedoctor

I think my response is in plain common English that most Americans are familiar with. However, the definition for summons is straight from the Law Dictionary website and therefore are not my words.

The educational information provided is "general in nature and is an effort to help respond to LastMinuteman's question.