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Can It Really Be That COMPLICATED

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    Can It Really Be That COMPLICATED

    I've gone through the threads and tried to collect relevant info, but I'd appreciate some direct thoughts to clear up the confusion. I'll try to keep it simple. If more details are needed, just let me know.

    This is a small claims, credit card collections case in California.

    Just now, I've found out that both a COURT SUMMONS (beginning of september) and an ENTRY FOR DEFAULT--CLERK'S JUDGMENT (end of november) have been filed.

    The case is filed in a jurisdiction that I don't live in. For 15+ years, I've been in the same county a couple hundred of miles away, and at the same address for the last 5 years. The summons was served onto my father at his resisdence. He says he didn't know what was actually happening at the time and so, didn't communicate it to me back in september. Just thought it was an old friend trying to reconnect with a letter. And so, just now my father has served me.

    Being in California....

    1. what approach can I take to establish a position in this case without it going straight to a default judgment

    2. how long would the court take to process the default judgment... the court's online case summary reads, "SUBMISSION FOR CLERK'S CIVIL JUDGMENT PENDING" which was filed at the end of november

    3. is the method of service contestable

    4. what about the jurisdiction... contestable

    5. the statute of limitation will expire in June if I remember correctly based on my last payment. would the case be dismissed if the judment isn't reached in time?

    If I can, in fact, have a voice in this case, , I truly look forward to your suggestions!

    ....THANKS FOR YOUR TIME AND THOUGHTS....

    #2
    I don't know about CA laws.

    If it were me in my state and given small claims, I would file a letter/motion with the SC judge related to improper service/jurisdiction. It could be that CA small claims allows jurisdiction to cross over if you have been properly served.

    In terms of SOL, I think the SOL stops once legal action is filed. SOL generally refers to timelimits when action can no longer be taken. It appears they are within the SOL and have demonstrated action.

    Comment


      #3
      TreeHugger1,
      your thoughts are what others have suggested to me as well. so i'll try that.

      many thanks for you reply!

      Comment

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