I find out my court date is in 2 weeks. Never Summoned.
Date: Tue, 08/21/2012 - 04:55
I received a standard 1st class stamped letter today from Mark Walsh and Co. notifying me of a hearing that takes place in California in 2 weeks. I live on the east coast so a 2 week heads up and a $400 flight is not something I can deal with. I can't take off work and fly across country so suddenly.
I look up the case number with the county clerk in California only to see this was filed in May of last year (15 months ago) with Summons going out to places I've never lived and supposedly I've been notified of this but this is the first time I've known about this issue.
So, with 2 weeks before I have to appear in court on a Tuesday at 2PM, what can I do? I know you should appear but, I just need more time so i can meet with a lawyer and file maybe that the court date is pushed back by a few months. Is two weeks even enough time to push things back and reschedule?
It's a card I owe $500 on. They're suing me for close to $5,000. Having never been served / summoned and not living in California, there has to be something I can do.
I find it odd that they had my home address the whole time yet chose to serve me at addresses in California illegally at places I didn't live.
You do not have to fly to California..call and talk to the attor
You do not have to fly to California..call and talk to the attorney suing you that you do not live in CA or his jurisdiction. Notify the court that they are suing you in the wrong venue...call and talk to the clerk of the court. They have to sue you in the county YOU reside,
THANKS...follow up question
Called collector suing me...they were no help and insisted I had to appear.
Called county clerk's office and requested the correct form to respond to the notice that I was not a resident of that county.."sorry, we can't give legal advice"
So, I'm supposed to fill out a form on this page - http://www.courts.ca.gov/forms.htm.
No idea which one to fill out to respond to the lawsuit with a motion to dismiss on the grounds that the defendant is not a resident of California and hasn't been since the case of filed in Spring of 2011.
Thanks. :p
Me again. It also says on a form that I can't file a dismissal i
Me again. It also says on a form that I can't file a dismissal if there is already a hearing date set!