Legal Question in Credit and Debt Law in California

I received a copy of a deposition subpoena for production of business records with a notice to consumer (me) or employee and objection. It is from a collection company, requesting documents pertaining to a charged off account from 5 years ago. The case was apparently first filed 2 years ago and continued since. I was not served notice. Obviously a fishing expedition or trying to get judgement by default. I looked up the case and a hearing was scheduled soon, by a publication of summons I was not aware of. The date of the deadline for objection 20 days after the hearing, which hearing is an "Order to show cause RE: Dismissal". Should I even respond to it with an objection or motion to quash, or just go to hearing and get it dismissed?


Asked on 4/06/13, 12:47 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

This does not make sense. You need to meet with a lawyer, review the papers and the status of the case, and figure out what to do.

In any event, you need to make sure the default judgment is not taken against you, given that you now know about the case -- even if your argument is that you have not been properly served. You also need to act quickly, as time is running.

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Answered on 4/07/13, 1:48 am


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