Why is a small claims OSC date scheduled for year from complaint

[zsharp]

What is the name of your state? CA

A creditor is suing me in small claims court. They didn't serve me, and I looked on the website and see that an Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 is scheduled for a year from filing. I think this is a clerk order but I'm not sure. I had this in the past with another creditor and thought: great, I don't have to worry about it for a year. I was wrong and learned that they got a judgment. Can someone please explain what is going on? Why is the date so far in the future? Can they obtain a default judgment without ever serving me?

 

[quincy]

What is the name of your state? CA

A creditor is suing me in small claims court. They didn't serve me, and I looked on the website and see that an Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 is scheduled for a year from filing. I think this is a clerk order but I'm not sure. I had this in the past with another creditor and thought: great, I don't have to worry about it for a year. I was wrong and learned that they got a judgment. Can someone please explain what is going on? Why is the date so far in the future? Can they obtain a default judgment without ever serving me?

Personal service is not the only way to serve court papers.

 

[Litigator22]

What is the name of your state? CA

A creditor is suing me in small claims court. They didn't serve me, and I looked on the website and see that an Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 is scheduled for a year from filing. I think this is a clerk order but I'm not sure. I had this in the past with another creditor and thought: great, I don't have to worry about it for a year. I was wrong and learned that they got a judgment. Can someone please explain what is going on? Why is the date so far in the future? Can they obtain a default judgment without ever serving me?

An explanation would seem to be found in Rule 3.740 (e) of the California Rules of Court.

There when the plaintiff has failed to serve all defendants within 180 days from the filing of the complaint (either by personal service or having obtained and order for publication of summons) the court may issue an OSC as to why sanctions should not be imposed.

If the plaintiff files proof of proof of personal service or an order for publication is obtained at least 10 court days before the hearing on the OSC, the court "must continue the OSC hearing to 360 days after the filing of the complaint".

However, as you learned from past experience the postponement or continuation of the OSC doesn't extend the time within which the defendant must respond to the complaint to avoid a default.

So it would appear that the plaintiff has either (1) filed proof of service upon your person or (2) has obtained an order for publication of summons. Govern your actions accordingly.

Now, let me ask you. If you have not been served with process, how are you aware that the case is pending?

 

[zsharp]

An explanation would seem to be found in Rule 3.740 (e) of the California Rules of Court.

There when the plaintiff has failed to serve all defendants within 180 days from the filing of the complaint (either by personal service or having obtained and order for publication of summons) the court may issue an OSC as to why sanctions should not be imposed.

If the plaintiff files proof of proof of personal service or an order for publication is obtained at least 10 court days before the hearing on the OSC, the court "must continue the OSC hearing to 360 days after the filing of the complaint".

However, as you learned from past experience the postponement or continuation of the OSC doesn't extend the time within which the defendant must respond to the complaint to avoid a default.

So it would appear that the plaintiff has either (1) filed proof of service upon your person or (2) has obtained an order for publication of summons. Govern your actions accordingly.

Now, let me ask you. If you have not been served with process, how are you aware that the case is pending?

Thank you! I think the thing I was missing was that I need to file an answer to avoid a default judgment.

I became aware of the case from a solicitation to help via mail and so I looked it up online.

 

[Litigator22]

Thank you! I think the thing I was missing was that I need to file an answer to avoid a default judgment.

I became aware of the case from a solicitation to help via mail and so I looked it up online.

Curiously, what means "a solicitation to help via mail"?

Secondly, how do you intend to answer the complaint? You claim to have never received a copy!

 

[quincy]

Curiously, what means "a solicitation to help via mail"?

Secondly, how do you intend to answer the complaint? You claim to have never received a copy!

Some attorneys send advertisements/solicitations to those in their area who are being sued, "kindly" offering their assistance. It is similar to ambulance chasing.

 

[PayrollHRGuy]

similar to ambulance chasing.

Similar is as far as you are willing to go?

 

[zsharp]

Some attorneys send advertisements/solicitations to those in their area who are being sued, "kindly" offering their assistance. It is similar to ambulance chasing.

Yep, that's how. It was an offer to help with my debt collection.

 

[quincy]

Yep, that's how. It was an offer to help with my debt collection.

I guess that is one way to find out you are being sued.

 

[Mass_Shyster]

Similar is as far as you are willing to go?

Tough to chase an ambulance via mail. Rule 7.3 makes the distinction.

 

[quincy]

Tough to chase an ambulance via mail. Rule 7.3 makes the distinction.

For California, Rules 7.1 to 7.5 (as of October 31, 2018):

http://www.calbar.ca.gov/Portals/0/documents/rules/New-Rules-of-Professional-Conduct-2018.pdf