Please help, rec letter from law firm telling me I'm being sued. Never rec'd summons.

[gyno]

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

Ca



Received a letter from a law firm today stating they want to help with a case. It stating that Portfolio Recovery Associates are suing me and this law firm would like to represent me. Its a legit case cause I entered the case number on the superior court website and it states this:

Case Number: xxxxxx
PORTFOLIO RECOVERY ASSOCIATES, VS. XXXXX
Court: Chatsworth Courthouse

Filing Date: 04/24/2013
Case Type: COLLECTIONS CASE (Limited Jurisdiction)
Status: PENDING
Future Hearings

04/22/2014 at 08:30 AM in department F43 at 9425 Penfield Ave., Chatsworth, CA 91311
OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT


Histories (Dates listed in descending order)

05/06/2013 CASE FILE FORWARDED TO RECORDS RE: FOR FILING

05/01/2013 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED
TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR
FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT
PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING
ON 04/22/14 AT 08:30A M., CERTIFICATE
OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL.

04/24/2013 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO

04/24/2013 SUMMONS ISSUED.

04/24/2013 SUMMONS FILED.





^^^^^

I never received a summons.

I only have one bad mark on my credit and thats a unpaid hospital bill from Nevada when I was in Vegas and that was in June of 2006. I have not received a call or letter about this debt in over 3 years.. My phone number nor address has changed..


Since this debt is 7 years old, isn't the SOL issued here?

Can someone explain what happened and what I should do from here?

 

[tranquility]

You lost the case by default. If you don't want the judgment to stand, you must motion to set aside the judgment. This nice attorney is willing to help--for a fee. If you win on your motion, you then get to litigate your case. Perhaps pleading the affirmative defense of the statute of limitations.

 

[gyno]

You lost the case by default. If you don't want the judgment to stand, you must motion to set aside the judgment. This nice attorney is willing to help--for a fee. If you win on your motion, you then get to litigate your case. Perhaps pleading the affirmative defense of the statute of limitations.

How did I lose by default if I was never notified? It states the case was filed less than a month ago, don't they give me more time to respond?

Also what is this hearing in April 2014 about?

 

[gyno]

also why does it say status pending if I already lost?


This makes no sense, how can I lose a case I never was even notified about?

 

[gyno]

the law firms letter states if I don't respond, it could result in a default judgement.

 

[tranquility]

How did I lose by default if I was never notified? It states the case was filed less than a month ago, don't they give me more time to respond?

Also what is this hearing in April 2014 about?

My mistake, I failed to look at the dates close enough. So, you don't have a default against you yet. You need to get the pleadings so you can answer or object to them. It would be better to do so before a default judgment is entered against you. That you were not served is not really important in the long run. You will have to defend the case at some point.

 

[gyno]

how can I find out more about this?

I dont even see an amount anywhere?

 

[Chien]

OP – As a member who once participated in FA with some frequency and now much less so, it was almost a month since you posted that I saw your question and this response now bumps you from the second page. I personally would have continued to abstain, except I suspect that yours is the unrecognized threshold question of what may become a statewide flood. If so, tranquility’s well-intentioned response, while reasonably accurate, doesn’t fully encompass very broad fundamental changes for litigators. Your “concerned” law firm might have explained this, if you’ve chosen to use it, but a lot of others will be affected.

3/18/13, in response to budget deficits and court closures, the Los Angeles Superior Court enabled two “Collection Courts” among its branch courts. Chatsworth was one. A two-month window was allowed for implementation, including transfer of all “CRC “3.740” cases (collection cases for $25K or less, exclusive of Small Claims). Look at your posting. Data may start to be more understandable. New rules for these courts can be found here: http://www.lasuperiorcourt.org/civil/ui/CollectionsCourt.aspx. Attorneys will see some profound differences from what is customary, with counsel expected to be more “proactive”.

I won’t venture a guess as to whether the new rules will succeed in achieving their intended goals. It’s too early, and I strongly suspect that two months was insufficient time to have everything in place. But L.A. is not the only county with problems that other counties are trying to address in their own ways. I’m mainly a commercial creditors’ rights attorney and 3.40 questions are uncommon, but I like this. On its face, it should separate a good deal of wheat from chaff. If it catches on and is adopted elsewhere, I think there will initially be many posts like yours from pro pers during the transition phases (and it appears to have spawned a new cottage industry for attorneys (like that was needed)). I’d look for the“flood” of collection court questions.

Likewise, new issues exist. Contrary to custom, your case summary shows no OSC set 60-90 days out to check and see that you’ve been served. If you litigate this as a pro per, do you have to keep checking for a year to see that plaintiff hasn’t tried to take a default notwithstanding? I expect such matters have been considered and will be remedied by clarifying rulings, but not yet.

(P.S. I doubt cases will be scanned and you can get the info online. 3.740 cases aren’t now. You’ll have to go to the court or hire an attorney service to do it for you.)