Legal Question in Credit and Debt Law in California

A Bank had files a lawsuit againt me for debt collection in SF Superior Court based on an address that I have not lived at in over 2 years. I have not lived anywhere in SF for over 2 years. They (lawyers for the bank) have filed Proof of Service of Summons to a third party, however since I do not live or work in SF and no family member lives or works in SF how could that be possible? And, would filing a Motion to Quash be a solution for m? And, can I do this filing on my own?


Asked on 6/12/10, 5:56 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Yes, you can file a motion to quash on your own. If the court's tentative ruling is in your favor, then the plaintiff will have to try to serve you again -- and do it right. In your motion, you will want to attach to your declaration a copy of your utility bill and perhaps a subscription label around the time they attempted service to show you that live at a different address. You also will state that you have no idea who lives at the old address and, if you're resourceful, get a declaration from that person, as well.

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Answered on 6/13/10, 2:10 am


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