I want to ask what is the statue of limitation for a property damage law suit? I am in San Diego but someone left a summons on my mothers lawn in los angeles for me.The issue happened about three years ago, and want to know if the limit has expired how can I use it to my advantage?

Here's statue of limitations in California

Personal Injury: 2 years.
Fraud: 3 years.
Libel / Slander / Defamation: 1 year.
Injury/Damage to Personal Property: 3 years.
Product Liability: 2 years.
Contracts: Written, 4 years; Oral, 2 years.
Medical malpractice, 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first.

Normally if it expired, the court won't proceed with summon, get yourself ready.

What is the smallest amount you can freeze or levy someone's bank acct.

It can depend by state, here I am not sure there is a min amount,

What is the smallest amount you can freeze or levy someone's bank acct.



In NYS f you have a Judgment you can levy in that amount, no matter how large or small. I would "guess" it's the same everywhere.

You are legally entitled to collect the funds in any manner which is legal.

I live in San Diego ca and someone mailed and left a summons for me at an address I don't live in, the reason I found out about it is cause my old neighbor told me about it, is that a proper service for small claims?

In some counties a mailed summons and complaint is acceptable. If you don't want to go through the hassle of trying to get a default judgment reversed should you not show up or answer the complaint, then I would suggest that you answer it or show up for court.

Default judgment reversed, what's the proses in los angeles? Is it costly?

Are you asking how to have a default judgment reversed in Los Angeles?

I'm assuming you're the defendant that the judgment was entered against; what is your basis for having the judgment overturned?

Basis is , I never knew about it apparently they claim it was a substitute summons. Which I don't even live in the address it was sent to. They claim I owe them 700 dlrs for personal property.

You file a motion with the court that issued the judgement to vacate the judgement on the grounds of improper service. But this is only a delaying tactic. If the court grants the motion, then they will serve you as you leave the court.

Who will serve me?

Even though the limitation has expired? I believe is been over 3 years..

The plaintiff will have a process server standing by to serve you when you leave the court.

The SOL stops running when the suit is filed. So as long as the suit was originally filed within the SOL its valid.

default judgment reversed, whats the proses in los angeles?? is it costly??



This should be combined with your other thread. Please don't keep opening new threads on the same subject - gets confusing.

I have combined your threads as noted, please keep to ONE thread for follow-up.

I have received a an "order to produce statement of assets and to appear for examination" At my aunts home, it states that there is a judgment against me and if I fail to appear a bench warrant may be issued... How can I appeal this? I didn't even know I was being sued.. Can I fight this?

What state are you in? Certain states require a debtor to complete a financial disclosure(statement of assets) and return it to the creditor and/or courts. Failure to do so can result in contempt of court.

Contact the county that the judgment is filed in and find out if the letter is legit. Some creditors will tell you that you need to appear, just in an attempt to get you to show up. If a judgment has been filed against you, you need to find out how you were allegedly served notice to appear for the initial hearing. If they cannot prove that you were served, you can file to have the judgment dismissed on grounds of improper service.

I am in the state of California, and the plaintiff is a person not a creditor, can a warrant be issued?

I am in the state of California, and the plaintiff is a person not a creditor, can a warrant be issued?

If you do not comply, then yes.

You need to find out immediately when this judgment was entered and who accepted service on your behalf.

I filed a motion to vacate on judgment, the clerk received my money and schedule a day for a hearing, and told me to show up for the new day and time, I just received a letter saying that there is a warrant issued for my arrest because I was not present at the original date... what happen to the new date? Can they do that?

Confused

I don't know if they can but apparently they have.

Take your written notification of the date to the Court - that's your defense.

If it's your word against the Clerk's word you are going to lose.

EDIT: OP is not hearing the advice given on this same problem on his/her other threads. Should be combined.

Asked and answered.

Hello s:

You can't be arrested in a civil case. If they DO arrest you, then YOU'RE going to have a case against them.

excon

Sorry, Excon - I should have posted this earlier. OP has told this story over a number of posts. He/she has already been warned that if he/she does NOT appear there will a warrant issued. It involves a Judgment and failure to produce financial info. This is an exception, same as if you don't appear to testify.

https://www.askmehelpdesk.com/small-claims/order-produce-statement-assets-apear-examination-375366.html

First, I have merged all your threads since they seem to deal with the same issue. Please do not start a new thread with a follow-up question.

Second, I have NEVER heard of an arrest warrant issued for small claims court. Nor for any civil action about a debt. If you fail to appear for a hearing, then a default judgement is entered against you, end of story.

If you file a motion to vacate on the grounds of improper service, you will have to prove you were not served as the process server claimed.

But the idea of a bench warrant issued for someone's arrest because they didn't show up for a hearing on a civil suit is ludicrous.

... I have NEVER heard of an arrest warrant issued for small claims court. Nor for any civil action about a debt. If you fail to appear for a hearing, then a default judgement is entered against you, end of story.


In Wisconsin, the debtor has to complete and return a financial disclosure statement within 21 days after the judgment is entered. If they fail to do so, the creditor can file for a contempt hearing.

I have to assume that's what the OP is dealing with; a hearing was scheduled for contempt of court, they never showed up for it, now there's a warrant.. Just a thought.

In Wisconsin, the debtor has to complete and return a financial disclosure statement within 21 days after the judgment is entered. If they fail to do so, the creditor can file for a contempt hearing.

I have to assume that's what the OP is dealing with; a hearing was scheduled for contempt of court, they never showed up for it, now there's a warrant....? Just a thought.

That's a possibility. Especially if you read the whole thread. But the contempt citation is apart from the initial case.

Sounds to me like the Judgment has been granted, creditor is unable to collect, creditor wants financial info, OP refuses to provide it and was advised some time ago that failure to comply is contempt.

This is somewhat similar to being subpoenaed to Court and refusing to go - you CAN be arrested.