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Does the process server come back a second time?

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    Does the process server come back a second time?

    I am in Los Angeles, California. In June I got hit with a summons by a Process Server. Since I was unable to pay to file the paperwork to address the summons in 30 days, since having no money to pay bills, is what got me in my mess to begin with, however I missed the filing deadline, and I know that I am now slated for a default judgment. The case was scheduled to be heard in early December this year.

    Then on Friday, in the mail I received a “copy” of the paperwork (Application For Entry of Default), where the law office is ready to file the paperwork with the court to have my case formally entered as a default. Yet for some reason, the lawyer listed in the paperwork (it appears in 4 separate places) is crossed-out and another person's name was written in, and this person does not have ESQ and a number listed with their name. However, the paperwork still references the lawyer’s office and address (as listed on the summons).

    So today, the same Process Server that delivered my summons in June, came back today, but I did not answer the door. Yet after ringing my doorbell 2 times, he walked away with a clipboard in hand. He sat in his car for about 2 minutes (doing some writing on his clipboard) and then he drove away. Since the courthouse is less than 2 miles from my house, I am only guessing that maybe he is trying to serve me the papers that “may have been” filed today that shows the court seal and processing information and maybe that the judge approved of the default paperwork.

    Now I do owe about 11 more different credit card companies, that have been trying to collect from me since summer of last year, so I expect that I will be getting hit with a new summons (sooner or later), yet I would think that another Process Server would be delivering those summons and not the same process server delivering them UNLESS my local courthouse has a Process Server service who takes care of serving summons in my area or city. However my Process Server is dressed in business casual clothes, no name tag, and drives a regular looking personal car. Yet our city does have city cars that have Process Server boldly painted on both sides of their car and they are usually driven by the sheriffs.

    #2
    It may be a lawsuit from one of those other 11 credit card companies. Look for your court's records online and see if anyone else has filed a lawsuit against you.

    The same process server can work for different creditors.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

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      #3
      Process servers are usually private individuals, but they usually need some sort of license.

      Once the initial complaint is served, there is no reason to employ a process server for THAT case, everything else is usually allowed to be handled by mail.

      Most likely the process server was trying to serve a summons for a different lawsuit.
      Last edited by HHM; 10-18-2011, 12:14 PM.

      Comment


        #4
        HiBrokeIn2011, Is it possible that you could call your local courthouse and see if the ' “copy” of the paperwork (Application For Entry of Default), where the law office is ready to file the paperwork with the court to have my case formally entered as a default. ' is "legitimate" or not? I received a summons early in 2010, and called my local courthouse to make sure that it was "for real." And, it was.

        At the time, this was before I retained a lawyer, I decided to go to court anyway, to see if I could delay the process. I knew that if I didn't show up, it was an automatic default judgement. I had been told that judgements were expensive to get rid of, and I had property at stake. So, I was able to continue that pending "suit" for a few months.

        Well, good luck.

        Comment


          #5
          Thank you very much GoingDown, HHM, and Lillymarlene. I really appreciate you taking the time to provide me some GREAT feedback and answers to my question. For sure, just reading your feedback and comments has provided me some very good food for thought. Thanks again.

          Comment

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