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ss72 · Dec 5, 2008, 12:07 AM

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?

lawanwadee · Dec 5, 2008, 01:32 AM

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.

ss72 · Jan 7, 2009, 07:53 PM

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

Fr_Chuck · Jan 7, 2009, 09:00 PM

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

JudyKayTee · Jan 8, 2009, 05:31 AM

Originally Posted by ss72

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.

ss72 · Jan 8, 2009, 11:54 AM

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?

twinkiedooter · Jan 8, 2009, 02:00 PM

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.

ss72 · Jan 8, 2009, 03:36 PM

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

this8384 · Jan 8, 2009, 04:07 PM

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?

ss72 · Jan 8, 2009, 04:44 PM

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.

ScottGem · Jan 8, 2009, 05:01 PM

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.

ss72 · Jan 8, 2009, 05:45 PM

Who will serve me?

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

ScottGem · Jan 8, 2009, 06:04 PM

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.

JudyKayTee · Jan 9, 2009, 06:57 AM

Originally Posted by ss72

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.

ScottGem · Jan 9, 2009, 10:09 AM

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

ss72 · Jul 14, 2009, 01:17 AM

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?

this8384 · Jul 14, 2009, 11:06 AM

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.

ss72 · Jul 14, 2009, 02:06 PM

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

this8384 · Jul 14, 2009, 02:13 PM

Originally Posted by ss72

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.

ss72 · Jul 24, 2009, 06:54 PM

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