Legal Question in Civil Litigation in California
Just like many people in times right now, about 3 years ago I defaulted on a credit card and now a server has been trying to serve my ex wifes house. I pulled up the case on line and this is what I see. What does all this mean?
Case RIC1213879 - CAPITAL ONE BANK (USA) N.A. VS BATES
Case RIC1213879 - Complaints/Parties
Complaint Number: 0001 � COL Complaint (Collection) of CAPITAL ONE BANK (USA), N.A.
Original Filing Date: 09/11/2012
Complaint Status: ACTIVE
Party Number Party Type Party Name Attorney Party Status
1 Plaintiff CAPITAL ONE BANK (USA), N.A. HUNT & HENRIQUES First Paper Fee Paid
2 Defendant EDWIN D BATES Unrepresented Serve Required (WaitS)
Case RIC1213879 - Actions/Minutes
Viewed
Date
Action Text
Disposition
Image
09/11/2013 8:30 AM DEPT. 10 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740.
Minutes
NOTICE SENT TO HUNT & HENRIQUES ON 9/12/12
09/11/2012 COMPLAINT AND PARTY INFORMATION ENTERED - COLLECTION Not Applicable
09/11/2012 CASE IS ASSIGNED TO DEPARTMENT 02 FOR LAW AND MOTION PURPOSES (COLLECTIONS) Not Applicable
09/11/2012 DIRECTLY ASSIGNED TO DEPARTMENT 10 FOR CASE MANAGEMENT PURPOSES (COLLECTION).
Minutes
NOTICE SENT TO HUNT & HENRIQUES ON 9/12/12
09/11/2012 HEARING RE OSC FOR FAILURE TO FILE DEFAULT JUDGMENT SET 9/11/13 AT 8:30 IN DEPT. 10.
N 09/11/2012 SUMMONS ISSUED ON COMPLAINT (COLLECTION) FILED 09/11/2012 OF CAPITAL ONE BANK (USA), N.A. AND FILED. Not Applicable
N 09/11/2012 CERTIFICATE OF COUNSEL FILED. THE ZIP CODE IS 92508.
N 09/11/2012 LIMITED CIVIL-GENERAL CIVIL COMPLAINT FOR COLLECTION OVER $10,000 AND LESS THAN $25,000 CRC 3.740 FILED. (RIVERSIDE) Not Applicable
Minutes
Receipt: 120912-0346 $395.00
Case RIC1213879 - Pending Hearings
Date
Action Text
Disposition
Image
09/11/2013 8:30 AM DEPT. 10 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740.
4 Answers from Attorneys
It means that if they haven't taken your default and obtained a judgment against you within 1 year, they must appear in court to explain why, and why the case shouldn't be dismissed at that time. You have 30 days from the date of the purported service upon you to file a responsive pleading, including a motion to quash service, demurrer, motion to strike and/or answer.
It means the bank and its lawyers may get into trouble for failing to process the case quickly enough if they don't have a good explanation. But the court should be asking them to explain why you haven't been served. Instead, it is asking them to explain why they haven't taken your default. This implies that the bank has told the court you were already served.
These online dockets are not always reliable, and it is quite possible that the bank has not filed a proof of service. But if it has and if you were not actually served, you should take prompt action to protect your rights before a judgment is entered against you. You could attack the judgment afterwards instead, but that is risky. What's more, the bank will probably try to enforce the judgment in the meantime.
You should consult with a lawyer as soon as you can in order to learn more about your rights and how to protect them. And you should have a lawyer represent you in addition to advising you. If you try to do this yourself you are likely to make important mistakes, and you may well lose on that basis even if you otherwise should win.
Good luck.
All it means is the case was filed, the summons was issued, and the court set a hearing date for a year later to find out why a judgment has not been entered against you at that time. Many of these credit card collection cases get filed and then clog the court's records with no action. This court apparently deals with this by pre-scheduling a dismissal hearing, to make sure if nothing happens on the case it will be dismissed out of the system in a year.
I hope your ex-wife respects you enough to point out to the process server that you don't live there anymore.
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