Legal Question in Business Law in California

I suggest that you consult with a bankruptcy litigation specialist before you do anything else. If your claims relate to something that occured before the Indymac bankruptcy you probably can't sue Indymac, or One West Bank, and will be limited to a claim in the Indymac bankruptcy.

First, I'd be cautious about assuming that 'bankrupt' is a correct description of Indymac's status or that bankruptcy law applies. As I understand it, when banks become insolvent, they are seized by the Comptroller of the Currency and the FDIC acts as a receiver. The applicable law is not the same as bankruptcy law. I may be WRONG about this, but thought I'd throw it out there.

As to service, there is a California law that makes it somewhat easier, in some cases, to get effective service on a bank. Code of Civil Procedure section 416.10(c) authorizes service on a vice president, or any cashier or assistant cashier. Tellers are not usually cashiers, but most bank branches will have either a vice president or a person the bank has specially authorized to accept service of process - so just go in to a major branch and ask. The foregoing assumes this is a California state court matter.

During the receivership, the FDIC would have been the agency to serve, in its capacity as receiver. After One West took it over, One West should be the party served.

The FDIC "insufficient assets" determination is the equivalent of a bankruptcy discharge as to people suing the bank. Unless your claim is something special that survived the FDIC receivership, your case will be dismissed, and you may face liability for costs and fees for bringing a mertiless suit. If you really think you have a claim that would have survived the "insufficient assets" determination, you should have that confirmed by consulting with a knowledgable banking insolvency attorney, since it is highly unlikely that you do. If, in fact, you do have a viable claim, they will also be able to direct you as to how to obtain service on the appropriate entity.