My question involves collection proceedings in the State of: CA
Learned via court case search that I am being sued by student loan company. Been a long time coming. My loans have been bought and soldsomany times it is nuts. The law firm for the student loan company filed at the start of Feb. Still no proof of service filed (I ordered the documents online so I have viewed them and have all of the copies but they don't know that nor does it matter with regard to my first question) nor have I received anything served in person or in mail. But in the mail I get a notice of "department assigned" and the proof of service for the department assignment of the case from the law firm. No summons. No complaint.
I realize they have 60 days to serve from when they filed and if they serve me I will file general denial (limited unverified case). First question: why would they mail me the other item and file proof of service for that but not the summons/complaint prior? If I had not seen the case filed on the website prior I would have first found out about it from that mailing. And I verified that the proof of service I got in the mail was for the department assignment as that document is the only thing listed on the proof of service. If for some reason I see a proof of service for the summons/complaint pop up on the court website -but never get it-how do I handle? I researched other cases and this firm typically serves by mail and has a lot of comments online about folks never being served/default judgements-well I guess there is a lot of that no matter the firm.
Second: when this firm first contacted me I DV'd them. They answered in the required time with documents requested. But the loan they answered the DV with is not the one they are suing me on according to what I viewed online as far as the filed case goes. So basically they have two files for me and answered the DV on a higher amount one but are suing for the lower amount one. So they didn't fully answer the DV? I am not sure if there is something I can do with that when I answer the complaint (whenever they serve me).
Learned via court case search that I am being sued by student loan company. Been a long time coming. My loans have been bought and soldsomany times it is nuts. The law firm for the student loan company filed at the start of Feb. Still no proof of service filed (I ordered the documents online so I have viewed them and have all of the copies but they don't know that nor does it matter with regard to my first question) nor have I received anything served in person or in mail. But in the mail I get a notice of "department assigned" and the proof of service for the department assignment of the case from the law firm. No summons. No complaint.
I realize they have 60 days to serve from when they filed and if they serve me I will file general denial (limited unverified case). First question: why would they mail me the other item and file proof of service for that but not the summons/complaint prior? If I had not seen the case filed on the website prior I would have first found out about it from that mailing. And I verified that the proof of service I got in the mail was for the department assignment as that document is the only thing listed on the proof of service. If for some reason I see a proof of service for the summons/complaint pop up on the court website -but never get it-how do I handle? I researched other cases and this firm typically serves by mail and has a lot of comments online about folks never being served/default judgements-well I guess there is a lot of that no matter the firm.
Second: when this firm first contacted me I DV'd them. They answered in the required time with documents requested. But the loan they answered the DV with is not the one they are suing me on according to what I viewed online as far as the filed case goes. So basically they have two files for me and answered the DV on a higher amount one but are suing for the lower amount one. So they didn't fully answer the DV? I am not sure if there is something I can do with that when I answer the complaint (whenever they serve me).
Collection Lawsuits: Served Dv Answered with Different Loan then What Was Filed
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