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.

Quote:

---

Originally Posted by 5683HUGGS

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.

---

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.

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

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?

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

They are not on the account.

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

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.

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 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.

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.

Intent to defend. The summons shoiuld give you instructions or just tell the clerk that you received a summons and intend to defend against it so you want a court hearing.

Thank you for your response. The SOL for California is 4 years. I have an option to file a Dismissal of Complaint, or file and answer (at least that is what I come to believe). Which one is use to fight SOL? Also, where and when Do I need to file a debt validation? Do I include that in the answer or Dismissal of Complaint?

You can file a dismissal on the grounds that the SOL has expired. At the same time you can file a motion for discovery to obtain proofs of the debt.

Thanks to everyone who helped me. I really, really appreciate it. You guys are the best!:D

Have been in credit card debt for over 10 years. My father is linked to one of my current cards, so I just keep paying. There were several credit cards that I stopped paying 4 years ago, more or less. I'm doing everything I can not to file bankruptcy. If I file, I want it to go smoothly, I wait. I filed a response today , and really soon have to do a debt validation letter sent out to the Attorney of the creditor. What do I need to file with the court to do this?

To send a debt validation letter? You don't have to file anything with the court.

I can send a debt validation letter to the attorney representing the collection agency. How would the court know I send this letter? Do I just keep the receipt that this letter was mailed until my hearing? Thank you for your response

You send it certified and keep a copy with the receipt.

What if the hearing is near and the collection agency still have provided no valid proof that the debt is yours... and use that as your defense in court and the judge grants in your favor.

Can the collection agency sue you again or what happens next?

I filed an answer, I sent out a certified validation letter to the opposing attorney, what's next?