GOT SERVED!!! PLEASE HELP - CALIFORNIA
Date: Tue, 11/18/2008 - 18:31
I got served by Mann Bracken llc /midland funding for a credit card i had back in 2006 . It says that i have 30 days to answer, the l.a. superior court website show a proof of service filed on 10/17/08 and i was suppossed (sub served by a co-resident that i don't know) the summons was left on my mail box. Someone told me that if "i know" that person i have 40 days instead of 30 to file my answer. The summons shows a damage for $3,592.41 + 10% interes + attorney fees of $305.54. + whatever fees and penalties keep acumulating. I called the lawyer and i offer to pay the bebt and of course she refused saying i had 2 years and i never did, so then to pay in full in 30 days (of course since the 17th of oct) or wait for the judgement!!! So the lawyer said to pay the $4k or i will end up paying an estimated $6k to $7k including all the above.... I told her i can pay 500.00 a month but she refused!!! My time is running out what can i do?? I can't afford a lawyer, and my job is really slow (i work in sales)> i also called a finance company that send me a solicitacion by mail, they will charge me 9% of the bebt, to negociate a pay plan but, they won't file an answer to the court!! So if i'm going to pay the est. $6k is there any point for me to pay an extra $540.00 (which i just don't have) just to negociate with the lawyers at mann bracken ??
How can i answer the court? Is there an especific form or format? Where can i get a sample? Will my bank account freeze right away? Future hearing at the superior court is on 04/08/09, so that means that i can pay before that? And if yes, does it include all fees the lawyer mentioned???? And what if they just don't want to take a payment plan?? Hearing = jugment??
I apologize for so many questions but i'am really freaking out! This is my first legal problem!
Thank you
What does "I WAS SUPPOSSED (SUB SERVED BY A CO-RESIDENT THAT I D
What does "I WAS SUPPOSSED (SUB SERVED BY A CO-RESIDENT THAT I DON'T KNOW) THE SUMMONS WAS LEFT ON MY MAIL BOX." mean?
Did the process server just attach the summons to the mailbox or did they give it to a neighbor or someone else who lives in your apartment.
Until and unless a judgment against you is ordered by the court,
Until and unless a judgment against you is ordered by the court, your bank account will not be closed.
Yes, you can pay them before going to court.
You can go through the following thread to get all information: -
Summons left on my doorstep in California
You were improperly served and can "answer" the complaint by fil
You were improperly served and can "answer" the complaint by filiing a motion to strike due to sufficient service. Below is the code regarding proper service and below that a link to the California Codes of Civil Procedure. I have also included a couple links for legal help. If you do not answer the plaintiff will ultimately request the court to find you in default and then proceed with a request for default judgement which you absolutely DO NOT want. You need to answer in some manner whether it be filing a motion of some sort or an actual answer which I wouldn't do. I'd contest the service as invalid and make them work some more which will bide you time. Also, you have 30 days to answer and for substitutated service there's an additional amount of time given. Remember to check out the California Codes of Civil Procedure and below is the the blurb regarding proper service in California. Also remember to look passed the service code as I have put several other links I believe you will find helpful but most importantly do not wait.
California Codes CODE OF CIVIL PROCEDURE SECTION 415.10-415.95 415.10. A summons may be served by personal delivery of a copy ofthe summons and of the complaint to the person to be served. Serviceof a summons in this manner is deemed complete at the time of suchdelivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.
415.20. (a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge
thereof, and by thereafter mailing a copy of the summons and
complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof.
Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who
shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. I'll post links in a separate email.
Link for California Code of Civil Procedures: http://www.megala
Link for California Code of Civil Procedures: http://www.megalaw.com/ca/cacodesearch.php?codesection=ccp&thecode=ccp&codebody=&hits=20
LASC website link:http://www.lasuperiorcourt.org/civil/
Legal assistance is available from various agencies located throughout the County. Check the telephone directory under legal services or contact the California State Bar http://www.calbar.ca.gov/state/calbar/calbar_home.jsp for lawyer referral. The California State Judicial Council also maintains a Self-Help Center Web page http://www.courtinfo.ca.gov/selfhelp
Service of Summons
You can dispute the service of the complaint by a "Motion to Quash".
You will still have to pay the "first appearance" fee, I think it is $180.00. You have to pay that whether you file an answer or the motion to quash.
Is there any chance that Midland or this attorney has violated the fdcpa?
"Substituted Service" is what they are claiming. It means that they left the summons and complaint with "a person appearing to be in charge" who is living at your residence. Then, they must mail another copy of the summons and complaint to you. You have 10 days from the date of the proof of service for the copy that is mailed to you. If no Proof of Service is attached to the complaint, look at the postmark on the envelope AND BTW - ALWAYS KEEP THE ENVELOPES when you receive anything from a collection agency or an attorney.
Also, YOU CAN GET AN EXTENSION TO ANSWER. Call the attorney, tell her you need legal assistance with this matter and you need additional time to respond. Ask for 30 days. She should give you a minimum of 15. Give her a fax number and say, please send me a fax at ***** to confirm your agreement to grant me a *** day extension to respond. Do NOT ask for an extension to file an answer. Be sure to use the word "respond".
In addition, you should also ask for her fax number and send a fax stating "This is in response to our conversation today at approximately *** p.m. You have agreed to grant me a *** day extension to respond to the complaint. I understand my response will be due by (date).
Its sounds like more of not following the civil procedure then a
Its sounds like more of not following the civil procedure then an fdcpa violation but honestly am not well versed on the FDCPA. Its been my experience that motions to quash are used regarding a subpoena or deposition, discovery, etc. Technically, the court needs to grant the extension of time. I'd file a motion to strike plaintiff's based on service of process not properly made.