Got a summons in the mail...

blue2skys · 03-19-2008, 07:22 PM

Hi everyone,

As stated in the mail today was a large envelop with my name on it and nothing else. It turns out to be a Summons and the plaintiff is a CA trying to collect a debt for about 2.5k not counting the interest rates from then til now. According to this document this was filed by the courts on Jan 08, 2008. I have zero contact from the CA on this at all.

Judgeing by the exhibts the included, it looks as if this debt was sold between three different parties. I contacted the courts to verify this summons, and sure enough my case number brought up the summon in question. But the clerk mention no Proof of service was filed with the court. I thought they have 60 days from filing to provide a proof of service?

I live in California by the way, and I am checking if this debt as fall into the SOL. Normally I would pay, but I just got layed off, and in the process of becoming homeless... I am even thinking about filing for Ch 7. I own zero property and feel as if I am just in a bad rut right now, along with the rest of USA.

I have never got sued before, and just wanted some advice.

Thank you in advance.

hannah · 03-19-2008, 08:25 PM

If you have nothing to lose and more debts than wherewithal to pay, I would go consult with a BK attorney.

That said, I don't know enough about the debt to say much about it and need more info.

Who was the OC and when was the last time you paid the account current when the OC still had it before it was charged off?

As for service, you got this summons by regular mail? Is this in small claims?

According to Cal Code Civ Proc § 415.30, process can be served by mail:

Quote:

§ 415.30. Service by mail; Articles mailed; Form of notice; When service complete; Liability for expense on failure to return acknowledgment; Approved form

(a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender.

(b) The notice specified in subdivision (a) shall be in substantially the following form:

Form is attached to bottom of this post.

(c) Service of a summons pursuant to this section is deemed complete on the date a written acknowledgment of receipt of summons is executed, if such acknowledgment thereafter is returned to the sender.

(d) If the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgment form set forth in subdivision (b) within 20 days from the date of such mailing, the party to whom the summons was mailed shall be liable for reasonable expenses thereafter incurred in serving or attempting to serve the party by another method permitted by this chapter, and, except for good cause shown, the court in which the action is pending, upon motion, with or without notice, shall award the party such expenses whether or not he is otherwise entitled to recover his costs in the action.

(e) A notice or acknowledgment of receipt in form approved by the Judicial Council is deemed to comply with this section.

In addition, under Cal Code Civ Proc § 413.20 if served by mail, they cannot extend the time allowed which is 60 days.

Quote:

§ 413.20. Extension of time on service by mail

If a summons is served by mail pursuant to this chapter, the provisions of Section 1013 that extend the time for exercising a right or doing an act shall not extend any time specified in this title.

Even with all that however, most of the courts have local rules and you have to look at the one for your court to make sure that they don't allow something different.

blue2skys · 03-19-2008, 08:35 PM

Hi Hannah, thank you very much for the quick reply. I def did not know about the summons by mail. Great heads up. I have debt in the range of 20k now when taking interest rate into consideration. BK attorney here I come. Sucks that it got to this point, but the blame squarely falls on my head.

This is what BK is about right? When you are stuck in a corner and about to be homeless, at least I will be debt free.

Any one here have any experience with Ch 7 filing recently with the new law changes? I know I pass the Means Test so that is a non issue. Any idea the rates of a BK lawyer so that I do not get robbed? Any gusstimation would be helpful.

Thank you in advance.

jlynn · 03-19-2008, 11:02 PM

Guestimations are pretty tough, as they relate to the simplicity or complicated nature of your particular BK.

Most BK attorneys give the first consult for free. ..check out a couple and find one you like.

Qtip · 03-23-2008, 11:00 AM

Quote:

Originally Posted by blue2skys

Hi Hannah, thank you very much for the quick reply. I def did not know about the summons by mail. Great heads up. I have debt in the range of 20k now when taking interest rate into consideration. BK attorney here I come. Sucks that it got to this point, but the blame squarely falls on my head.

This is what BK is about right? When you are stuck in a corner and about to be homeless, at least I will be debt free.

Any one here have any experience with Ch 7 filing recently with the new law changes? I know I pass the Means Test so that is a non issue. Any idea the rates of a BK lawyer so that I do not get robbed? Any gusstimation would be helpful.

Thank you in advance.

This might not be the right way to do things, but in my area paralegals do all the bankruptcy work for $199 If you went that way, make sure you get a reputable one, the wrong Paralegal could cost you big time. I would personally do as Jlynn suggested and shop around for an attorney.