Have I been served or not?

[GWBcasualty]

A lady delivered court papers dated 12/1 to my house. Handed them out to my daughter.

30 days to respond after the "served date"

On the paper there is nothing written under "date served".

Scare tactic?

[albacore44]

Is there a case # ?? Not sure wheer you are in Ca, But I would go to your local court website, look under Civil cases, and check for your name. I check for mine daily, so I can anticipate if someone will be coming.

BTW- who was the Law firm ??

[GWBcasualty]

Is there a case # ?? Not sure wheer you are in Ca, But I would go to your local court website, look under Civil cases, and check for your name. I check for mine daily, so I can anticipate if someone will be coming.

BTW- who was the Law firm ??

There is a case#... law firm... one of the lawyers is Nguyen something.

My name is NOT listed in my local court under civil cases.

[albacore44]

There is a case#... law firm... one of the lawyers is Nguyen something.

My name is NOT listed in my local court under civil cases.

Is there a court name/district ?? 1st thing tomorrow morning, I would call the court clerk, give them the case # and see if they can locate it.

[GotNoMoney]

You don't necessarily have to have a case number for it to be a "lawsuit" depending on your Local Rules of Procedure (LRP). In many places you can be served with documents before the actual case is filed. Your not responding in the alloted time frame allows them to then file it after your time to serve them with a response has expired. At that point they just ask for a summary judgment based on your not responding.

So you may want to verify what you should do before you do nothing. Sometimes doing nothing is the same as admitting to everything (or the other way to view is, you didn't deny it so it must be true).

[albacore44]

You don't necessarily have to have a case number for it to be a "lawsuit" depending on your Local Rules of Procedure (LRP). In many places you can be served with documents before the actual case is filed. Your not responding in the alloted time frame allows them to then file it after your time to serve them with a response has expired. At that point they just ask for a summary judgment based on your not responding.

So you may want to verify what you should do before you do nothing. Sometimes doing nothing is the same as admitting to everything (or the other way to view is, you didn't deny it so it must be true).

So if a case has not been filed, but you have been served, who do you file your denial with ?? If you filed a denial with the court, and they have no record of a case, what did you deny ?? The courts hese in Ca charge a fee to file an answer to a Lawsuit.

[frogger]

A lady delivered court papers dated 12/1 to my house. Handed them out to my daughter.

30 days to respond after the "served date"

On the paper there is nothing written under "date served".

Scare tactic?

Nothing has to be written on your papers. You have been served.

[GWBcasualty]

Nothing has to be written on your papers. You have been served.

Well.

I was already 99% sure I was going to file and not settle... I guess they made the decision for me.

Only thing is that I wanted to file in June... do you guys think it's still possible?

[AngelinaCat]

Only thing is that I wanted to file in June... do you guys think it's still possible?

Who is the creditor? Is it a secured debt or a CC?

If you have 30 days to respond, then wait til the next to last day and file your response--admit nothing. Then THEY have 30 days to respond and so on. Once you actually get to court, you will be sent to Arbitration. Here in our area of Florida, Arbitration is done only one day each month. When our Arbitration date was set, it happened to be a date that we were going to be out of town, so the date was set for the following month. By then we had filed and that was that.

Good luck to you!

[GWBcasualty]

Who is the creditor? Is it a secured debt or a CC?

If you have 30 days to respond, then wait til the next to last day and file your response--admit nothing. Then THEY have 30 days to respond and so on. Once you actually get to court, you will be sent to Arbitration. Here in our area of Florida, Arbitration is done only one day each month. When our Arbitration date was set, it happened to be a date that we were going to be out of town, so the date was set for the following month. By then we had filed and that was that.

Good luck to you!

Chase... so, you think I should be able to stall for a few months?

Basically the reason I want to stall until June, is to see if the economy improves/gets worse and decide if it's worth to save the business or not.

[GWBcasualty]

Nothing has to be written on your papers. You have been served.

OK, thanks. But it says "30 days from the date it was served".

The file date is several days before, the serve date was 12/16 (yesterday) but it's nowhere to be found.

[albacore44]

OK, thanks. But it says "30 days from the date it was served".

The file date is several days before, the serve date was 12/16 (yesterday) but it's nowhere to be found.

Well like I said, if a case has not been filed with the court, who do you answer ??

Chase uses their own Lawyers up in LA somewhere. Did it come from them ??

[frogger]

OK, thanks. But it says "30 days from the date it was served".

The file date is several days before, the serve date was 12/16 (yesterday) but it's nowhere to be found.

It's not on your copy, but you can bet that it is on the copy of the person that served it to you.

John Doe off of the street can not serve legal papers. In order to do that, the person must be licensed/approved by whatever court they are serving the papers for. This person serving you (along with their signature stating that you have been served), is as good as a Deputy from the Sheriff's Department serving you.

You've been served as of 12/16/09.

[GWBcasualty]

It's not on your copy, but you can bet that it is on the copy of the person that served it to you.

John Doe off of the street can not serve legal papers. In order to do that, the person must be licensed/approved by whatever court they are serving the papers for. This person serving you (along with their signature stating that you have been served), is as good as a Deputy from the Sheriff's Department serving you.

You've been served as of 12/16/09.

So that gives me until approx. Jan 15 to file my answer.

[walkthaplank]

In my research with my local court (when Chase was suing me) you get 30 calender days to respond to the suit. The plaintiff has to wait an additional 30 days after that to submit their default judgment package and then the court could issue the judgment at any point after that, so probably early to mid February.

Search your local court for recent cases involving that same attorney (which I believe is a part of Chase's in house law firm) and see how long it has been taking in your court. Your case should be in the court docket and easy to bring up. You can also search by plaintiff and by attorney name with my court.

Good luck.