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Hi and welcome to JA. I am Ray and will be the expert helping you tonight.Can you post it here so I may review it and help you, thanks
I am sorry I could not locate it, I got xxxxxx come up, again can you paste it here be happy to help you.
Ok so here is the case..
Case xxxxxxxxx - Complaints/Parties
According to the docket sheet this is whats is missing.
Did you submit this form here, this is what they claim you were lacking.
The step by step are on page 3 here..
This should allow you to complete it here.This is the proof that you served the defendant properly and that you swear you did so.
So here is what there is..
REQUEST FOR DEFAULT FILED AND DEFAULT NOT ENTERED. REASON: AS TO xxxxx xxxxxx AND xxxx xxxxx - xxxxxxxxFILED 11/30/15.
5 REQUEST FOR DEFAULT FILED AND DEFAULT NOT ENTERED. REASON: AS TO xxx-xxx xxxxx xxx - PROOF OF SERVICE OF SUMMONS/COMPLAINT HAS NOT BEEN FILED.
So proof of service or so it appears is missing as to this person.
Also they filed a demurer here and it is set for hearing.
01/14/2016 9:00 AM DEPT. LM HEARING: xxxxxxxxTO COMPLAINT FILED 10/22/2015 OF xxxxxx xxxxxxx BY xxxxx xxxxxx, xxxx xxxxx
So even if you file the missing form the court may have hearing on their demurer.
REQUEST FOR DEFAULT FILED AND DEFAULT NOT ENTERED. REASON: AS TO xxxxx xxxxxx AND xxxx xxxxx - xxxxxxxx FILED 11/30/15. -
12/01/2015 REQUEST FOR DEFAULT FILED AND DEFAULT NOT ENTERED. REASON: AS TO xxx-xxx xxxxx xxx - PROOF OF SERVICE OF SUMMONS/COMPLAINT HAS NOT BEEN FILED.
Again as I read it the proof of service is missing but they filed a demurer and the court set it for hearing here.You should file this again but default is not going to be granted if they set a hearing on it.
Thanks again and good luck here with all.
Yes I am trying to review your proof.
I think this is bad information in the docket sheet I think the demurer is the reason that default was not entered.
Here if the demurer is granted you have to amend , if it is not the court may yet grant default.I cannot see any defect here in your proof of claim, you may have to verify with the clerk as to whether something is missing.It all looks fine to me here.It is very possible this was date entry error by the clerk, the docket sheets aren't always 100% accurate,
You are very likely going to have to amend your complaint here, they raise a valid point you have to claim whether there was a written contract or it was an oral agreement.Each has specific elements and statute of limitations.
I can only give you my impression here and that is that a default was not granted because a demurer was received and a hearing on it scheduled here. They appear to raise a valid issue here and you can amend , the issue would be then whether your claim is timely 2 years or 4 years. I do not see any problems with the documents you filed.The clerk has the final say you are going to have to contact the clerk of the court and ask here.IT may not be the real issue since they show filed and honestly they look like they are filled out correctly.
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I don't think so because you served the correct agent.If that i8s it they are being super picky.Try to be nice to these guys, I understand they treat pro se folks like dirt sometimes but please call them tomorrow and just ask if they can tell you what they claims is deficient, if it is the period then you can resubmit it pretty easy.
If there is no defect here then you would just appear at hearing on demurer.If judge denies their demurer you would be eligible for default.Since they have not filed an answer I think they are real likely to prevail and force you to amend to go forward here.You might as well start working on that in the interim here.You have a good suit here, I am impressed you got the filing fees waived.Lawyer here is just papering you to death and its part of dragging things out.
Keep your chin up , check with clerk, work on amending your petition here assuming they are going to have it granted.
Thanks again for the chance to chat here.