Legal Question in Bankruptcy in California
lawsuit
i have credit card debt from a few years ago that i didnt pay. The other day someone from an old address I used to live at told me someone came by with a deposition. The details are unclear because i dont know the person who spoke with the process server so i dont know what happening. i haven't received any information on a lawsuit in the mail nor a call and now someone is looking for me in a county i dont live in anymore. Can they settle the case without me, to my determent or do they have to notify me in person?
3 Answers from Attorneys
Re: lawsuit
There are many factors to consider here. How old is the debt? The statute of limitations may have run - it is probably close, which is why they are looking for you. Did the process server discuss any details with this other person? There may be an issue there. They will not be able to get a default entered against you if they do not have proper service. You should try to clarify exactly what the person was trying to do - get a deposition (usually done after a complaint has been filed) or serve you with notice. In the meantime, contacting a local attorney for more information is usaully a good idea if you think someone is looking to sue you.
Re: lawsuit
Your creditors have no duty to find you if you have not left them an updated address. They can serve you with a lawsuit by substitute service or by publication and obtain a judgment against you which is valid for 10 years.
Sincerely
Allen Farshi
Re: lawsuit
Your creditors have no duty to find you if you have not left them an updated address. They can serve you with a lawsuit by substitute service or by publication and obtain a judgment against you which is valid for 10 years.
Sincerely
Allen Farshi
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Bankrupty, Los Angeles California Hello, thank you so much for offering this... Asked 2/09/08, 10:04 am in United States California Bankruptcy Law
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