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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23409
Experience:  Attorney with 14 years experience in various consumer protection areas
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I live in California and an attorney firm is trying to serve

Resolved Question:

I live in California and an attorney firm is trying to serve me on an old credit card debt. The debt will be 4 years old in a month and I believe they have no recourse after that (if you could confirm). My question is: is it best to avoid being served until the month is up or can they move forward anyway? They have been to my home twice and wanted to know if they will likely attempt one more time and if you suggest I take the summons or what happens if I don't.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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The debt will be 4 years old in a month and I believe they have no recourse after that (if you could confirm).
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That is correct, the statute of limitations on a debt like this is 4 years in CA from the time of default, which is 30 days after a payment was missed.
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So if you can avoid being served until you hit that 4 year mark, the debt would then be time barred from collection activities.
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My question is: is it best to avoid being served until the month is up or can they move forward anyway? They have been to my home twice and wanted to know if they will likely attempt one more time and if you suggest I take the summons or what happens if I don't.
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Absolutely try to avoid service as long as possible. Right now it is a cat and mouse game with them trying to serve you before the SOL clock runs. There are other methods of service, such as publication, but they have to be approved by a judge so they likely won't have time to do so.
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.,
Thanks
Barrister
Customer: replied 11 months ago.

Thank you! If they sent me a summons in the mail, am I still considered “served”? Also if my husband received a summons (from this same attorney firm) and I accepted the document from the process server, is there any recourse or does he have to settle it in court at this point? Finally, can they tie our summons together because we are husband and wife in a community property state?

Expert:  Barrister replied 11 months ago.
Sorry for the delay, family member in hospital and just getting back in my office.

If they sent me a summons in the mail, am I still considered “served”?
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Not necessarily. CA allows service by mail only if the plaintiff has a 3rd party mail the summons and then completes a Proof of Service swearing that they mailed the summons. But if they did so, then it can be considered good service.
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Also if my husband received a summons (from this same attorney firm) and I accepted the document from the process server, is there any recourse or does he have to settle it in court at this point?
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If you accepted service for him at his home address, that is considered good "substitute service" and he would have to defend against any suit in court at that point.
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Finally, can they tie our summons together because we are husband and wife in a community property state?
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Not exactly. Each individual defendant has to be individually served. But in community property states if one spouse gets a judgment against them, it is a judgment against any assets that they own jointly.
.
.
Thanks
Barrister
Barrister, Lawyer
Satisfied Customers: 23409
Experience: Attorney with 14 years experience in various consumer protection areas
Barrister and 12 other Consumer Protection Law Specialists are ready to help you

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