Legal Question in Credit and Debt Law in California

a collection agency protfolio recovery is trying to sue me for a capitol one debt. the evening i was supposedly served the paperwork i was actually out bowling and was not home! The person serving the papers gave them to my wife. I was never formally served the papers. what can i do?

This is what it says online about the case!

PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT FILED 10/24/2011 OF PORTFOLIO RECOVERYASSOCIATES L.L.C AS TO CHRISTOPH P WANSTRATH, BY SUB-SERVING JANE DOE, WHO REFUSED TO GIVE NAME, CO-RESIDENT. MAILING DATE OF 11/17/11.

what are my options


Asked on 12/01/11, 2:22 pm

1 Answer from Attorneys

That service is entirely proper, unless there are defects in service that are not disclosed in the facts you give. Formal service can be effected by making attempts to serve you in person, and then if they don't find you at home, but leaving the summons and complaint with anyone at your home who is 18 or over and resides there, and then by mailing a copy to the same address. By law, that type of service is effective ten days following the date of mailing. Your options are 1) pay the debt, 2) hire a lawyer to file an answer for you, 3) ignore it and let a judgment be entered against you, 4) file an answer your self and then lose the case (which you surely will if they have an attorney and you don't) and a judgment will be entered against you at that time, or 5) file for bankruptcy protection if you qualify.

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Answered on 12/01/11, 2:50 pm


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