Home » LAW »» BANKRUPTCY & CONSUMER CREDIT

Alias Summons (BANKRUPTCY & CONSUMER CREDIT)

Mon, 05 Dec 2005 20:23:00 GMT

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA
I returned a vehicle back to Toyota and it was charged off as of March 2000. Since that time I have moved back and forth between CA and CO. The SoL in CA is 4 years while the SoL in CO is 6. The contract was signed in CA but I have been served a court summons in CO. I recently moved back to CA 2 months ago but they placed the summons on my ex-boyfriends door in CO. I made 2 payments to a collection agency back in Nov 2004. It appears in the meantime it has been sold to another collection agency, whose attorneys are representing Toyota who is listed as the Plaintiff.
Which state's SoL am I suppose to use?
If I go by CA SoL, if I made a payment after the SoL expired does it restart it?
Another twist, the same collection agency also left a "Alias Summons" for a bad check written in 2003 by someone who has the same last name as me and almost the same first name. It is not my check. I never had an account with that bank, I never lived at that address, and at the time the check was written I lived in CA. What seems strange is this summons has a case number and the other summons does not. They are both for the same day and same time but they have different plaintiffs.
Can two different plaintiffs have me in court at the same time?
Is this just a scam to get in touch with me about the real debt I have with them?
What exactly happens on the first court date?
Is it going to be up to me to show I am not the alias person or do they have to prove that I am?
Could I ask that the case be held in CA?
Is it possible to get an extension since the summons was served on Nov 23 to an old address and the court date is for this friday Dec 9?
Could I respond by mail or would it be in my best interest to show up in person since they are trying to stick me with something that is not mine?

Comments (2) | Promote | Bookmark |

  • Leave a Comment Now.
  • Comments
  • Mon, 05 Dec 2005 23:37:00 GMT(1)
  • I just checked the court's docket for my court date and the only one listed is the one for the alias summons. The real one, that I actually owe, which does not have a case number on the summons, is not. I believe I read somewhere on this site that when attorneys do shady things like this the case can be dismissed. Is that true?
  • Mon, 05 Dec 2005 22:24:00 GMT(2)
  • [quote=JulieHig]I made 2 payments to a collection agency back in Nov 2 4.[quote=JulieHig]
    Thus restarting the SOL.

    Quote:

    Originally Posted by JulieHig

    Which state's SoL am I suppose to use?

    Doesn't matter with your payments, you are inside SOL until 2 8.

    Quote:

    Originally Posted by JulieHig

    If I go by CA SoL, if I made a payment after the SoL expired does it restart it?

    Yes

    Quote:

    Originally Posted by JulieHig

    Can two different plaintiffs have me in court at the same time?

    If you are not smart enough to ask for a continuance yes.

    Quote:

    Originally Posted by JulieHig

    Is this just a scam to get in touch with me about the real debt I have with them?

    ? Ask them

    Quote:

    Originally Posted by JulieHig

    What exactly happens on the first court date?

    From what I read so far you will have a judgement issue against you.

    Quote:

    Originally Posted by JulieHig

    Is it going to be up to me to show I am not the alias person or do they have to prove that I am?

    If the summons isn't for you, why are you worried about it?

    Quote:

    Originally Posted by JulieHig

    Could I ask that the case be held in CA?

    You can ask for anything.

    Quote:

    Originally Posted by JulieHig

    Is it possible to get an extension since the summons was served on Nov 23 to an old address and the court date is for this friday Dec 9?

    It is possible.

    Quote:

    Originally Posted by JulieHig

    Could I respond by mail or would it be in my best interest to show up in person since they are trying to stick me with something that is not mine?

    If you have been summoned to court, it is in your best interest to show up.
    DC
  • Leave a Comment Now.

BANKRUPTCY & CONSUMER CREDIT Open Questions

alias contempt

i reside in Wyoming and have a Colorado collection agency suing me. I did not appear for court hearing and have been served with an "alias contempt citation (rule 107) from a Colorado Districy Court. If I choose not to appear what are the potential problems?...

Alford plea

/What is the name of your state? Maryland I have entered the Alford plea in a sexual abuse case. Now I am being sued for the same thing. Will the Aldord plea hurt me in a civil court, or will they start with a clean slate? He has asked for a jury trial. I think financially, I will have to......

Alabama Judgement

What is the name of your state (only U.S. law)? Alabama All to my shame, I must ask these questions that may be somewhat complicated due to the overall circumstances: What is the SOL for a car loan? For how long may a judgment be enforced for such a loan if it is awarded within the SOL? May the......

Alabama Homestead Exemption Laws

What is the name of your state? Al. During a civil litigation trial,what emcompasses the legal property rights of a home owner ,who has filed Homestead Exemption aganist seizure. The law says 160 acres and 5,000 for each partner,Is the 160 acres Free and Clear of any attachments rewarded in a......

Alabama Foreclosure Evictions?

Our home was scheduled to be sold on the courthouse steps yesterday. We have moved most of our possesions out of the home but still have items remaining. I'm trying to find out how long before they change the locks? I have called the attorney doing the foreclosure, the probate court and county......

Alabama Deferred Ajudication

Can you request deferred ajudication for a speeding ticket in the state of Alabama?...

Alabama

What is the name of your state (only U.S. law)?...

al Qaeda knows: Bu$h Politics Trumps National Security - CIAagents say G aWol Bush i

\"- Prof. Jonez\" wrote: Larry wrote:Hey, Jonez, try, for once, to make your headlines accurate. Youalreadywere shown up about the first amendment not applying to the radio DJstory, and now you say "CIA Agents..." - as in plural - when thearticleonly quotes from *ONE* person,......

airline bankruptcy

What is the name of your state?What is the name of your state? mn. I am a laid off employee for a major airline and at this point I am recieving severance pay. they are talking about going into chapter 11 .how will this affect the severnace pay I should receive for 26 weeks as per my union......

Air Ambulance Service & Hospital Bill

Date of service was 10/03/03 and state was Arkansas. A fall at home resulted in a facial laceration and trip to the ER. After a CAT scan (that revealed a possible subdural hematoma and was later diagnosed as a benign meningioma) ER doctor recommended air ambulance to a larger hospital in Missouri......

Some questions maybe you're interest in...

H1B Paystub Details

[Government & Administrative Law] Hi, I'm on H1b Visa. And right now i don't habe project. Is it compulsory to run the paystub every month even i'm on bench. My employer tells me that he will run the pay for me and he wants me to bear the taxes amount. Is it any other way were employer runs my bench salary and that exempy from my.........

due process?

[Wills & Trusts] What is the name of your state? colorado two of my sisters are co-personal representatives for my mothers estate. their schedule of distribution states that they are deducting several thousand dollars from my inheritance, claiming that it is repayment for a loan that i had with my mother. i.........

being sued on Contract from former salon

[BUSINESS & FINANCIAL & Corporate LAW] I'm being sued on a loop hole in my contract. I moved to a new Salon and my old salon is suing me on the fact that I'm to close on distance. The original contract that I signed said no less than 5 miles DRIVING distance. My new salon is more than 6 miles away in the same city. They are claiming.........

traffic ticket - complaintant's name scribbled, not printed

[Traffic Law] What is the name of your state?In Manhattan, NY State: i got this traffic ticket, and the field where the cop's supposed to print his name(Complainant's Full Name (printed)) doesn't have his name, it just has some scribbles. and its not his signature cause that is right above the scribble in.........

Can I lose my Domain name ?

[Intellectual Property] What is the name of your state (only U.S. law)? New Jersey Hello, I have a Incorporated company in New Jersey called "XYZ Corp." and have a registered DBA "BlueWidgets.com". I run my business online and my domain name is "BlueWidgets.com", same as my DBA. There is.........

Car Rental Billing Dispute

[Consumer Law & Fraud] What is the name of your state (only U.S. law)? TX I have been renting a vehicle from Avis in El Paso, TX since January (I am temporarily assigned to Fort Bliss while I am in a Army school until September 18th). It has been the same vehicle since January as well. Avis' rental policy is that it.........

Cash gift

[Tax Law] What is the name of your state? Texas I received a cash gift in April 2003, of over $250,000 from my parent. I used this to purchase a home. My parent does not reside in the USA, and is not a US citizen. I am about to file my taxes, and will submit a form 3520, to declare the gift. I am a.........

http://work5.com

[Additional Legal Subjects] http://work5.com......

Help-How do I file a small claims or justice civil suit in Texas

[COURTS, LAWYERS & LITIGATION] What is the name of your state? TX, Montgomery County Hello, Can anyone give me stepwise instructions on how to file a small claims or justice civil suit in Texas? I need to subpeona records only. How do I do this? I know I have to start with a complaint but do not know how to write one. The.........

Two insurance Policies on one house

[Insurance Law] What is the name of your state? Texas My question is related to insurance claims. I live in a house I own, the insurance policy is in my brothers name and my name, but hes the primary person listed on the policy. I changed policies to another company and we didnt cancel the old policy. The new.........