Case Against Me, but was never Served

[lvlady2012]

What is the name of your state (only U.S. law)? Nevada

I had a garnishment filed against me for a debt that I thought was settled... turns out you can be garnished twice. Had I known I still owed them money, it would have been paid but that's another story and water under the bridge. It's so little it'll be paid off in a check or two, not even worth the paperwork.

This case however caused me to look up my info on the court site, and I found two more cases against me! One I knew about was settled years ago, and I wrote to the company, and they mailed me a dismissal right away.

The second case however I didn't even know existed. I was never served for this case plaintiff. And it turns out that this particular Plaintiff had a class action law suit against them in 2010 in my State for using an unlicense process server, and for fraudlently saying that defendants were served when they infact never were. Apparently, I am one of those defedants who didn't even know they were a defendant. See the story here:

Lawsuit against Rapid Cash proceeds - News - ReviewJournal.com

I'm not sure what my options are... I don't even know how to defend myself as I don't know anything about a court case. I guess it was involuntarily dismissed in 2011, but has been reassigned at the start of the month. I'm at a loss on where to even start.

 

[Proseguru]

What is the name of your state (only U.S. law)? Nevada


The second case however I didn't even know existed. I was never served for this case plaintiff. And it turns out that this particular Plaintiff had a class action law suit against them in 2010 in my State for using an unlicense process server, and for fraudlently saying that defendants were served when they infact never were. Apparently, I am one of those defedants who didn't even know they were a defendant. See the story here:

Lawsuit against Rapid Cash proceeds - News - ReviewJournal.com

I'm not sure what my options are... I don't even know how to defend myself as I don't know anything about a court case. I guess it was involuntarily dismissed in 2011, but has been reassigned at the start of the month. I'm at a loss on where to even start.

OK, if the case was dismissed then a new suit would need to be filed, not a reassignment -- so I don't know if you have your facts straight on this.

Many defendants not served don't know about the case (why would they). You can check the court records and see if ANY paperwork was filed that indicated you were served, step 1.

If not, then you need to file a motion to dismiss for lack of personal jurisdiction. Either you or a lawyer can file (lawyer's fee for this should not be that high --- it's a one page or 2 page motion).

If paperwork was filed but you wish to contest it, then a motion to dismiss is still the action to file but you will need a lawyer most likely.

 

[lvlady2012]

OK, if the case was dismissed then a new suit would need to be filed, not a reassignment -- so I don't know if you have your facts straight on this.

Many defendants not served don't know about the case (why would they). You can check the court records and see if ANY paperwork was filed that indicated you were served, step 1.

If not, then you need to file a motion to dismiss for lack of personal jurisdiction. Either you or a lawyer can file (lawyer's fee for this should not be that high --- it's a one page or 2 page motion).

If paperwork was filed but you wish to contest it, then a motion to dismiss is still the action to file but you will need a lawyer most likely.

I'm looking at only the public file available on Clark County Courts website, which doesn't have all the court documentation. I will need to take time off work to go down and get the documents in person, which would probably be easier and faster than ordering them.

Maybe I am mis-reading what it says, but it says that a summons was returned. It also says reassignment on 1/1/2012. I'm not sure what a reassignment is, I assume it means that they are trying to reopen the case.

Here's a copy and paste from the court file:
OTHER EVENTS AND HEARINGS

10/29/2008 Converted Civil Case - $1000.00 or Less
CIVIL $1000.00 OR LESS/$46 FILING FEE Receipt: 8694970 Date: 10/29/2008 Amount Owed: $46.00 Amount Paid: $46.00 Amount Dismissed: $0.00
1 pages

10/29/2008 Affidavit of Complaint
AFFIDAVIT OF COMPLAINT FILED Claim Amount: 545.59 Filing Fee: 46.00 Interest: 0.00 Attorney's Fees: 0.00 Other: 0.00
1 pages

05/18/2009 Returned Summons
RETURNED SUMMONS 02/18/09
1 pages

07/01/2009 Court Manual Judge Assignment
COURT MANUAL JUDGE ASSIGNMENT The judge was changed from OESTERLE, NANCY C to SARAGOSA, MELISSA .
1 pages

12/27/2010 Civil Notice of Rescheduled Hearing

12/27/2010 Civil Notice of Rescheduled Hearing

01/01/2011 Administrative Reassignment to Department 14

01/28/2011 Civil Dismissal Hearing Pursuant to JCRCP41(e) (10:00 AM) (Judicial Officer Hafen, Conrad) 01/28/2011 Reset by Court to 01/28/2011

01/28/2011 Reset by Court to 01/28/2011
Result: Matter Heard

01/28/2011 Involuntary Dismissal: Pursuant to JCRCP 41(e)
Order

07/20/2011 Historic Filed Documents

01/01/2012 Administrative Reassignment to Department 6
Case reassigned from Judge Conrad Hafen

 

[Proseguru]

Says it was re-assigned from the judge to dept. 6.

Does not sound like the case is alive.

Call up the clerk and ask what Dept. 6 is ... maybe long term storage.