motions to dismis collections lawsuit in Calif.

[slobbydog]

What is the name of your state?
CALIF.
Can I file a motion to dimiss if I was improperly served and if the creditor falls to send me a letter regarding the debt under the

this was filed as a limited civil case (under 10K).

I was never personally served and this is a second attorney firm the creditor has hired. I never recieved letter of their intention as required under Federal Fair Debt Collection Practices Act. The first attorneys worked out a settlement deal for less than the original debt which I have paid in full. Now these new attorneys are suing me for the full amount as if there was never a settlement with the pervious attorneys representing the same creditor for the same debt!

 

[Zigner]

What is the name of your state?
CALIF.
Can I file a motion to dimiss if I was improperly served and if the creditor falls to send me a letter regarding the debt under the

this was filed as a limited civil case (under 10K).

I was never personally served and this is a second attorney firm the creditor has hired. I never recieved letter of their intention as required under Federal Fair Debt Collection Practices Act. The first attorneys worked out a settlement deal for less than the original debt which I have paid in full. Now these new attorneys are suing me for the full amount as if there was never a settlement with the pervious attorneys representing the same creditor for the same debt!

This one is easy - just show the new attorney your written settlement agreement from the prior attorney.

 

[JETX]

Can I file a motion to dimiss if I was improperly served

Yep.

and if the creditor falls to send me a letter regarding the debt under the
this was filed as a limited civil case (under 10K).

HUH??

I was never personally served

You don't have to be PERSONALLY served to have legally valid service.

and this is a second attorney firm the creditor has hired.

Not relevant.

I never recieved letter of their intention as required under Federal Fair Debt Collection Practices Act.

HUH?? There is no such 'letter'.... nor is there a requirement for 'it'.

The first attorneys worked out a settlement deal for less than the original debt which I have paid in full. Now these new attorneys are suing me for the full amount as if there was never a settlement with the pervious attorneys representing the same creditor for the same debt!

As noted by zigner..... this should be pretty simple. Send the attorney (and the court) a copy of your 'Paid in Full' letter and ask for a summary dismissal.