Legal Question in Credit and Debt Law in California
I live in California and I am being sued by Citibank for unpaid unsecured credit card debt (limited civil case). The service processor showed up at my fathers residence asking for me and my father told him i was not home and closed the door. The service processor then came back to my fathers residence not even 10 minutes later and rang the door bell and began yelling out loud saying "I looked your picture up and i know its you Dr. Smith (my father is a Doctor, I am not), you have now been served", and then left the summons on the doorstep. The service processor must have somehow thought that my father was me. I have never had any social media accounts at all but my father does, so I am certain that the service processor made an identity mistake thinking that my father was me somehow. The proof of service for the summons on the court website says that I was the person/party who was served, which is false as i never was served nor did i ever see this service processor, and that the processor served me by personal service (meaning they personally delivered the summons to me), which is also not true.
I am currently unemployed, indigent, i have no assets or bank accounts or income. I have been and am still on food stamps and general relief/assistance since before this lawsuit was initially filed.
My question is:
1. Can i contest or quash the proof of service since it was improperly/incorrectly served? If yes, how exactly do i do this?
2. How exactly should i respond to this summons, taking into account my financial situation?
3. Is there anything I should know or do that I may not have mentioned or thought of?
1 Answer from Attorneys
1. Yes you probably can, but all that buys you is time and runs up the attorneys fees which no doubt your credit card agreement says you pay if you lose.
2. You file a general denial on the form you can find under the forms tabs at www.courts.ca.gov
3. You should seriously consider bankruptcy instead.