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    #16
    Originally posted by albacore44 View Post
    well it's now past 60 days since the case was filed. there has been no publication, and nothing new filed in the court records. not sure what happens now
    Once a summons is served or failed to be, it cannot be served again. An Alias summons would be drawn (a replica of the summons) and as many as needed can be sought. That is the way in FL anyway.

    At this time, do you have the SOL date precisely? Keep his head down, this may play out to his advantage. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment

      #17
      Originally posted by LadyInTheRed View Post
      In a California civil case, the government doesn't look for the defendant at all. It is up to the Plaintiff.

      In Californa, the plaintiff has 60 days to serve the summons and complaint on the defendant. They may be getting ready to file a motion to extend time to serve or a motion to allow service by publication.
      well its now past 90 days since the process server was here, and no new activity in the court records. Last filing was 9/21/12 Declaration of Non service, nothing on service by publication. Can this thing just sit there dead ?
      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

      Comment

        #18
        I would think there would be a time limit. At some point they would legally have to pee or get off the pot. Check with a paralegal or someone like that and see what the time limit is for such a thing.
        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.

        Comment

          #19
          I found this on my local court website:
          RDER TO SHOW CAUSE SET FOR JAN-29-2013 IN DEPARTMENT 610 AT 10:30 AM FOR FAILURE TO FILE PROOF(S) OF SERVICE ON DEFENDANT(S) OF SUMMONS AND COMPLAINT. NOTICE SENT BY COURT.

          Apparently if the proof of service for the summons and complaint isn't filed within six months, then the court will dismiss the case and even sanction the plaintiff for failing to file a proof of service. They can't if they haven't served the defendant. In this particular case, the plaintiff didn't do anything at all. In other cases, they dismiss the case, and that way the court knows what's going on.

          Comment

            #20
            Originally posted by rta View Post
            I found this on my local court website:
            RDER TO SHOW CAUSE SET FOR JAN-29-2013 IN DEPARTMENT 610 AT 10:30 AM FOR FAILURE TO FILE PROOF(S) OF SERVICE ON DEFENDANT(S) OF SUMMONS AND COMPLAINT. NOTICE SENT BY COURT.

            Apparently if the proof of service for the summons and complaint isn't filed within six months, then the court will dismiss the case and even sanction the plaintiff for failing to file a proof of service. They can't if they haven't served the defendant. In this particular case, the plaintiff didn't do anything at all. In other cases, they dismiss the case, and that way the court knows what's going on.

            Good info. There you go.
            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.

            Comment

              #21
              Thought I would update this. checked the court website and Mandrich complaint was dismissed on 4/30/13. Guess they gave up. not sure if they would refile, but its now past 4 years since last payment, the SOL in California. Really dident want my son to file BK since he has less than $10k in bad debt. on another note, he has been working for Best Buy for about 8 months. He applied for the Best Buy rewards credit card and was approved. Go figure, credit score 450, and 1 of his defaulted credit cards is a capital 1 and the BB card is issued by capital 1. strange
              Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

              Comment

                #22
                If they file a lawsuit now, make sure he answers, using the statute of limitations as an affirmative defense, and that will take care of the matter.

                Did he apply for credit himself, or did they send it to him in the mail, and then he filled it out and sent it back in?

                One of the tricks Capital One did with me was to send me a credit card offer in the mail, and in the fine print it said that by signing the application, I acknowledge and promise to pay the old debt I had with them, in exchange for a very small credit limit above the old debt. Of course, I didn't sign it. They can be very sneaky.
                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.

                Comment

                  #23
                  Originally posted by GoingDown View Post
                  If they file a lawsuit now, make sure he answers, using the statute of limitations as an affirmative defense, and that will take care of the matter.

                  Did he apply for credit himself, or did they send it to him in the mail, and then he filled it out and sent it back in?
                  .
                  No. He works for Best Buy now. he applied for a Best Buy rewards card with a $500 limit. It does have a $49 yearly fee though
                  Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                  Comment

                    #24
                    Well, that's okay then. He didn't reaffirm the old debt.

                    At a $500 limit he shouldn't be able to get into too much trouble.

                    Some of mine had a $12,000 credit limit, which was way too much temptation for me.
                    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.

                    Comment

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