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        > Should I do anything
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wesaidso
Registered Member
Posts: 1
(8/11/06 10:19 pm)
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Should I do anything
I received a papers In the mail from an attorney that states they are filing with the Superior court.
front page states DECLARATION OF SERVICE This came first class to my po box.
Is says this is a 1. notice of motion and motion to set aside and vacate dismissal 2.notice of non appearance
at plaintiff's motion to set aside and vacate dismissal 3. memorandum of points and authorities in support
of plaintiff's motion to set aside dismissal. 4. [proposed] order granting plaintiff's motion to vacate and set aside dismissal.

This was dismissed by the court all most a year ago as there wasn't any service they now claim there was a "sub-service" (what ever that Is) and state there legal argument is "excusable neglect" the say there was a sub-service done by there process server and the error was a mis-communication.

This looks like an end run around the SOL Is there anything Ican do about this or paper work I can file with the court.

Thanks for any and all help with this.

P.S. The SOL runs on this debt In about 3 months

dbuitt22
Registered Member
Posts: 24
(8/15/06 10:22 am)
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Re: Should I do anything
I would write them a leter to ask them to validate the charges for the same reason on the first time around. They are just trying to collect another way.

If you have to go to court, I would contest it on the same grounds.

Just my thoughts

David
Broke Chick
Registered Member
Posts: 40
(10/20/06 8:23 pm)
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Re: Should I do anything
This is NOT the time to DV them! This is NOT a dunning mailing: The Plaintiff has, indeed, gotten the dismissal overturned. Those are your copies of the pleadings as filed at the court being served to you; first-class mail is acceptable for mailing these copies under the Rules of Civil Procedure. (Summonses and complaints are usually handled differently, and might require certified mail if service is done that way.)

In other words, they have gotten their Motion granted, and you did not show up to argue otherwise (you would have had to show up--and file your own Motion and Brief (Memorandum) to Oppose the Motion ). So, they get another shot at suing you, since they successfully argued that they made an error in not serving you correctly the first time! (OOPSIE!)

I noticed the date of your post, wesaidso, was in August. Did they serve you properly this time? What happened?
If nothing has, or they have served you again, look below...

It does act as an end-run around the SOLC. But, don't give up! Since the SOLC may have "run" by now--if they have not renewed the suit already but do so in the future-- argue the SOLC in a Motion to Dismiss based on that. Use it as a defense in your Answer as well should it be necessary; have that ready in case the MTD fails. If you are not sure, argue it anyway, and let the Court decide.

If they have gone ahead with the lawsuit already, I sure hope you argued that SOL had run. If not, try to get the court to allow you to amend the answer to add this defense if you still can. It could well be the difference between getting the complaint dismissed or having to fight the case/risk a judgment against you.

Edited by: Broke Chick at: 10/20/06 8:26 pm
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