I know my Soc Security cannot be lien, attached, levied, taken, etc...
I understand about the time clock starting on the date of the last payment made.... Statute of Limitations CCP 337.
583.240 if fine but was not out of state, etc....
I guess I should re-phrase it.........
In 2010 I was served a suit, the service was not given to me, I filed a Motion to Quash which was granted. Since that time they have not been given a judgment against me, nor have we had an actual court hearing or ADR..... My quash and Findings and Orders After the Hearing were granted and fine in 2010, but I made mistakes writing the Judgment papers.
Now, 2 1/2 years later they file a Motion to Vacate Judgment of my issue of 2010 due to my errors in the doc. So basically this re-sets everything over.....
((They)) are claiming that under 583.210(a) they only have to serve a Summons upon me one (1) time and that NO other service is needed.
*** This is somewhat confusing 583.210(a)..... if NO OTHER SERVICE is needed, and the original hearing Vacated, then how do you know when to go to court in the future? They are claiming they do not have to tell me... which contradicts the Rules of the Court.
583.220(b): states that a Motion to Dismiss, Quash, Set Aside judgment, etc... does NOT constitute a "general appearance"
If we never had a formal court hearing since 2010, they never got a judgment against me..... the original hearing was Vacated due to service issues... and the ONLY thing they got was my original 2010 Judgment Vacated.... then their time limit to file for a new hearing has to be by Aug 20, 2013 before the Statute of Limitations ?
I also completed my Bankruptcy papers and classes.... I have my documents. Bankruptcy would trump or stop the current court action as it take priority..... but no sense for BK if they cannot take my Social Security - you see there is a catch 22 here. Also, again, CCP337 statute of Limitations is up shortly....
Since they know I am disabled and living on Social Security, and cannot collect, it seems that this is "Abuse of the Courts" and nothing but harassment by them.
To constantly file or take action against a disabled person that they cannot collect from, is (to me) harassment and causing me harm. I cannot afford to keep filing court papers as I do not have the money - so they are causing me harm because that takes away from my food money.
I hope this makes sense.
You said: "If the original summons was not quashed, they won't have to serve you with a new summons"....
That is what is confusing..... the original Summons (was) quashed and No hearing ever took place - it was vacated, and No judgment against me. My motion to quash was a separate court date and hearing.
But they are claiming they do not have to serve me any new documents, nor any future court date - that the Summons "carry's NO expiration date", that it only be served within 3 years. This does not make sense to me.
How can there be an "open" Summons with NO court date to appear. I did originally file an Answer Contract disputing what they said and cited all the various violations of the FDCPA, violated the Truth in Lending Act, and other laws.....
The purpose of a Summons is to be ordered to appear in court at a given date and time (per the Rules of the Court, and under the Federal Rules).... but they are NOT telling me of any court date, not since 2010 and claim they do not have to inform me of any future hearing dates.....
This is what I do not understand and I have been searching the Civil Code and CCP that would compel them to "inform" me of any future hearing dates . The only way I have found out is by looking at the Courts "Open Access" and watching what is going on.... and filing a response. I have never seen anything so crazy and wrong.
If I was a person that did not know about Open Access, I would be screwed because they never advised me or served me documents for any court date.... How can they get away with this?
After the above answer.... I think I will let you be in peace :) and appreciate your feedback.
Ok, now we are getting somewhere..... the problem is the court clerk has never notified me of anything, and I have never seen them do so in other matters involving friends - it has always been on the Petitioner to do so via a Process Server or 1st Class Mail, then they file the POS with the court.
Ok on going forward..... if it did, it would go to ADR and there hopefully the mediator would understand my issues on 407 of the Soc Sec Act and 704 of CCP - cannot take my disability money; It is considered "uncollectible". My whole case is a mess and sounds like it will be a tit-for-tat on filings and responses.
Still seems like an Abuse of the Courts by them constantly filing and trying to create a hardship on something they cannot legally collect.
Thanks for your time...... I am sorry I took so much of your time. My mind is spinning and trying to get it all out that would make sense to an Attorney (as I am not an attorney) is difficult for me....
Have a good weekend !
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