Facing th moment of truth. How much time do I have?

[kpapt]

haha Music, yes that was a typo I think they tried to serve on July 7th.

Anyway, called in today about November 19th Scheduling conference update. They said it has been now set for January 12th. Status is still "defendant not served". So I am guessing even the plaintiff did not show up and so far he hasn't served by publication either? Clerk told me their records will be updated if served by publication.

[music12]

they may have set that conference date hoping that you'd show up even though they did not serve you. it's been known to happen that people who were not served showed up anyway because they found out some other way (like you did). then they lose their right to say they were never served. since you did not show up, they know they still have to find you and serve you. they may try by publication, but clearly they don't seem in much of a hurry. in any event, you've got almost two months now. moment of truth isn't here yet!

[kpapt]

well, this thing is still going on ;-)

so here is the current status

original scheduling conference Nov 19th 2009 (nobody showed up)
SC Postponed to Jan 12th 2010 (nobody showed up)
SC postponed again and rescheduled to Feb 23rd 2010

Service status: Defendant not served. Defendant not found. (They made no further attempt to serve since the first attempt on July 6th 2009)

The clerk also conformed that plaintiff did not ask ask for service by publication as of today (feb 6th). I guess that makes serving me by publication before Feb 23rd impossible.

So, if the plaintiff did not show up at scheduling conference the first two times, I wonder if he will show up the third time. Anybody know what happens if nobody showed up at SC three times?

I was also told that the trial for this case has to be set for before June 23rd 2010. I am assuming there will be trail only when I am served?

music, your kind input is so much appreciated as always

BTW, as of now, all my CC bills are past the 3 year statute of limitation period.

Thanks

[music12]

this court is a bit weird in that they don't seem to be punishing the plaintiff for not showing up and they just keep re-scheduling; usually something like that is considered disrespectful and wasting of the court's time. maybe that's just how they do things in this court but i don't really see the reason for rescheduling if you are not being served anyway. maybe they are hoping you'll somehow find out and show up, who knows...

and yes, there cannot be a trial unless you are served first. but, if they do manage to serve you, the fact that the statute of limitation has passed won't matter because (i think) the important date is the date they filed the complaint, which was before the 3 years passed.

i think the best thing for you is probably to just lay low and hope that july 23rd comes and goes uneventfully...

[kpapt]

Thanks again Music. I will keep you informed.