Served by mail in California

[walkthaplank]

I just received a summons by First Class US Mail (NOT CMRR) from the junk lawyers handling my Citi accounts. The suit filed in May includes a sheet that states that I was served by personal delivery in mid-July (no I wasn't).

I'm filing CH13 now so I guess it is all moot, but wow, how lame is that? Also the suit is only for one of the 2 accounts and it was a check box pleading, at least with Chase they actually typed up a pleading. I think Chase got a little more bang for their legal buck if you ask me.

[treehugger1]

Does the summons have a court "stamp?" In many states alternative service by mail must include return-receipt. Is the court local? I don't know your rules of civil procedure, but you might be able to file an afidavit with the court stating improper service (back in July.) You could also mail the affidavit return-receipt to the law firm.

Here is what I found in the 2008 CA RCP's

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.

[walkthaplank]

There is a statement that is signed by a court clerk stating that the papers were mailed (doesn't say where) in May immediately after filing. There is another page from the law office that says served in person mid July, the post mark on the envelope from the scumbag lawyers office July 29th.

[Pizza]

Regardless of how pointless it may seem, if its authentic, answer it. All they will be getting out of you is "I can't pay" and "Here is my lawyer's information". Won't they be glad the wasted their time.

[walkthaplank]

You have to pay to answer a summons in civil court. $215 to respond and then you have to serve the plaintiff with papers. Not worth it to me. It'll be vacated shortly.