Sued in California, I no longer live in California.

[tipulation]

What is the name of your state (only U.S. law)? Oregon, Previously California ( moved 8/2015 )

I have not yet received any attempt at service. in person or by mail. I have made no attempt to conceal my location and my address is readily available via my credit report, which this company does have access to?

Action was filed 1/25/16 in Orange County Superior Court, looked it up on there website. I moved my family to Oregon august of last year and have not stepped foot in California since. Is this grounds for dismissal without prejudice?

Do I have any other options? They haven't attempted service, I don't know if they will.

About 3 months ago my wife & I received a SLEW of calls purporting to be an attempt at service, but when I answered one, the person could not give me a case number, the filing courthouse, or the plaintiff who was bringing action. They just left a phone number which I believed was a call-center ). They called me, my wife, my step daughter, even my wife's ex husband. I recorded 2 voicemails. At the time I believed this was an intimidation tactic, since they would not furnish me any case information, & they never attempted service at my listed address ( or my wifes place of business as they repeatedly threatened to do )

I cannot say for certain whether this incident, and the current legal action are related, but the company filing action against us was in fact ordered to pay damages in the Millions recently for doing the exact same thing. ( claiming pending litigation when none was intended/being taken )

So I wonder if, aside from having the case dismissed for lack of service, I might have a case for dismissal w/ prejudice, or a countersuit for damages.

appreciate anyone who takes the time, time is $.

 

[justalayman]

If you could look it up on the county website there is no false claim of pending action.

No, just because you move it doesn't allow you to have the suit dismissed. In fact acting will make certain you get served.

What you get to do now is wait to see if you get served.

Or you could pay your debt. That would take care of all of this.

 

[tipulation]

If you could look it up on the county website there is no false claim of pending action.

No, just because you move it doesn't allow you to have the suit dismissed. In fact acting will make certain you get served.

What you get to do now is wait to see if you get served.

Or you could pay your debt. That would take care of all of this.

The phone calls regarding 'attempts at service', if they were that, were 3 months before any action was filed. I noticed this action only because I received an advertisement citing the case from a consumer protection attorney in California.

I had read that you can't have someone served for an action in one state, if they reside in another state. Is that incorrect?

I tried to settle the matter, but they will not accept any amount I can afford. I'm surprised they took legal action, I'm insolvent, no assets.

 

[justalayman]

if California small claims you must be served within the state of California. In a superior court no, you don't have to be served in California. That does allow for some defenses , sometimes.

 

[tipulation]

if California small claims you must be served within the state of California. In a superior court no, you don't have to be served in California. That does allow for some defenses , sometimes.

I'm not sure if this is small claims, it does not have the small claims type case label, it is for $2,500, which would typically be small claims, but the action & case number show it classified as 'collection', I am not familiar with 'collection' cases.

 

[latigo]

What is the name of your state (only U.S. law)? Oregon, Previously California ( moved 8/2015 )

I have not yet received any attempt at service. in person or by mail. I have made no attempt to conceal my location and my address is readily available via my credit report, which this company does have access to?

Action was filed 1/25/16 in Orange County Superior Court, looked it up on there website. I moved my family to Oregon august of last year and have not stepped foot in California since. Is this grounds for dismissal without prejudice?

Do I have any other options? They haven't attempted service, I don't know if they will.

About 3 months ago my wife & I received a SLEW of calls purporting to be an attempt at service, but when I answered one, the person could not give me a case number, the filing courthouse, or the plaintiff who was bringing action. They just left a phone number which I believed was a call-center ). They called me, my wife, my step daughter, even my wife's ex husband. I recorded 2 voicemails. At the time I believed this was an intimidation tactic, since they would not furnish me any case information, & they never attempted service at my listed address ( or my wifes place of business as they repeatedly threatened to do )

I cannot say for certain whether this incident, and the current legal action are related, but the company filing action against us was in fact ordered to pay damages in the Millions recently for doing the exact same thing. ( claiming pending litigation when none was intended/being taken )

So I wonder if, aside from having the case dismissed for lack of service, I might have a case for dismissal w/ prejudice, or a countersuit for damages.

appreciate anyone who takes the time, time is $.

Unfortunately for you the act of moving to Oregon is not grounds for dismissal of the case now pending in a California Superior Court. Not even if you moved to Hawaii. Nor is the lawsuit going to be dismissed for lack of service. The summons for service might expire, but it can be renewed.

What is likely is that the plaintiff has pleaded facts triggering California's Long Arm Statute giving the California Superior Court jurisdiction over your person. Meaning that wherever you are eventually served with process that court has the authority to render a personal money judgment against you. A judgment that could be domesticated in Oregon or any other state.

And where is the purpose and sense in your laying on us some supposed monstrous judgment do to "claiming non existent pending litigation" when you have verified that litigation in fact does exist and is pending against you in a California Superior Court? Not exactly, "exactly the same thing"!

The only sensible thing I find here is your admission of being unable to connect the "incidents" with the lawsuit pending in the California Superior Court.