Challenging Improper Service Process

Summary

If you are sued for credit card debt in California and were improperly served, you may have grounds to challenge the service. Consider filing a motion to quash the service and explore free legal aid options in California. Jurisdictional issues may also be relevant if you are no longer residing in the USA. Contact Bay Area Legal Aid for assistance.

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I got sued by Amex in usa for 21k credit card debt and it's beyond 1 month of the date posted... I left the usa a year back for good and have no plans on returning and had to leave my cc debt behind due to severe unforseen circumstances... they served the legal papers to a resident at my last known address without me present (illegally i feel cause the person just handed it to random resident and ran away)... and I wasn't even in the country
It sounds like you might have a few defenses to this case, including improper service of process. Here are some points to consider:
- Improper Service: In many jurisdictions, legal papers must be served directly to the person or a resident of the household. If this wasn't followed, you might have grounds to challenge the service.

- Default Judgment: If you don't respond to the lawsuit, a default judgment may be entered against you. Given that you are outside the USA, this could complicate enforcement.
- Jurisdiction: Since you are no longer residing in the USA, there might be jurisdictional issues affecting the case.
Would you like more information on challenging the service or understanding the implications of a default judgment?
This is in california, fremont
It seems like you have strong grounds to challenge the service process as well as other potential defenses. Here are some important points:
- Improper Service: Challenge the legality of the service method.
- Default Judgment: Understand the consequences and how it might be enforced internationally.
- Jurisdiction: Question the court's jurisdiction over a non-resident.
Would you like information on finding legal assistance in California or any specific advice on how to proceed?
But the date posted was */*/* and I only got to know today */*/* that I have been served through a different channel... I wasn't even aware and wasn't even in the country
Since you were not in the country and were not properly served, you might have strong grounds to challenge this. Here are a few steps you could consider:
- Motion to Quash Service: File a motion challenging the improper service.
- Legal Representation: Consider hiring a lawyer in California to represent you.
- Jurisdiction Challenge: Argue the court's jurisdiction over you as a non-resident.
Would you like more information on how to file a motion to quash service or need help finding a lawyer in California?
Yes, I need help but I need a free consultation... I don't have any money
You have potential defenses such as improper service and jurisdictional issues. Here are some steps you can take:
- Motion to Quash Service: File this motion to challenge the improper service.
- Free Legal Aid: Look for organizations that provide free legal assistance.
Would you like details on free legal aid organizations in California?
yes

Bay Area Legal Aid


Phone: (*) *-*
Address: * Telegraph Ave, Oakland, CA *
Website: www.baylegal.org

Would you like more information on how to file a motion to quash service?