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Hunt and Henriques submission for default

Date: Wed, 09/08/2010 - 16:34

Submitted by anonymous
on Wed, 09/08/2010 - 16:34

Posts: 202330 Credits: [Donate]

Total Replies: 1


Here's my situation, being used by H&H for a $4,300 Cap One credit card from 3 years ago.

I was personally served on the late evening of April 26, 2010 at 8:34 p.m. the process server it was not necessary for me to sign anything on the papers being served on, my mistake, I think.

Anyways, I did fax them a reply on the 29th day of the reponse time frame. I did not mail off a certified copy. I asked for validation of the debt, but never heard back from them.

However, on May 26, 2010, according to the CA case summaries, it says "OSC set 10/07/10, 0830 am, Dept. F44, Notice filed and mailed** Deleted

Now remember, I was not properly served until April 26th, but maybe not signing the process server on that date was not smart of me.

Well, today is Sept. 8, 2010 and just happened to see what's the latest since the 10-7-10 date is approaching, boy, was I surprised!!

They filed for a submission for default and Judgement pending on Sept. 2, 2010 and on Sept. 7, 2010, it's now being continued to 3-11-11, 083 am, Dept. 44, Default Hearing hearing.

My questions are:

1). how could H&H filed the submission so early?

2). what can i do soon before this gets worse?

3). now i don't feel like waiting till next next year's hearing date

Also, I've been unemployed since early 2009, first on medical disability and now on my near 1st year of CA unemployment benefits (I've submitted over 200 plus resumes to date, only 3 replies, but no further progress).

Here's what I copied and pasted from the court info on-line....

Histories ( Dates listed in descending order)

09/07/2010 OSC CONTINUED TO 03/14/11, 0830 AM, DEPT. F44 RE: DEFAULT JUDGMENT

09/02/2010 SUBMISSION FOR DEFAULT AND JUDGMENT PENDING

04/30/2010 PROOF OF SERVICE TO COMPLAINT FILED

04/30/2010 PERSERV 4/26/10

04/05/2010 DECLARATION OF NON SERVICE ON XX Defendant FILED BY ATTORNEY FOR

03/26/2010 OSC SET 10/07/10, 0830 AM, DEPT. F44, NOTICE FILED & MAILED * * DELETED

03/19/2010 COMPLAINT FILED - COLLECTION CASE

03/19/2010 SUMMONS FILED

03/19/2010 NOTICE OF CASE ASSIGNMENT FILED AND COPY GIVEN TO PLAINTIFF