Help With A Credit Card Lawsuit Summons

[eggshells8]

hi all,

I was at my friend's apt. one day early last month... there was a knock at the door and my friend answered. Some woman with legal papers was there, asking for "Jane Smith". My friend (Jane Smith) said there was no Jane Smith that lived there and closed the door. A minute later, another knock at the door... I answered this time. The same woman said "there is a mailbox out front with Jane Smith's name on it - says she lives here". I said "sorry, I don't know a Jane Smith. My name is Bob Jones (which was a totally fake name) and I live here (which was a lie)" She then showed me these papers, beckoning me to take them, saying "well if you do run into Jane Smith, please give these to her" I took the papers in my hand for a moment and she said "she's been served". I said "I have no idea who Jane Smith is and i'm not taking these papers" and then threw them on the ground outside the apartment door... she didn't seem to care and walked away.

The summons is for a suit brought against my friend for a credit card debt, but she hasn't received any collection letters or bills for this particular account for 3 years, thus this account was not at the forefront. The file date on the summons says Sept 19, but the server left them with ME (who has no legal connection to Jane Smith) on, say, October 8th. Bottomline is this: she chose to ignore the summons up to this point and did not file a written response within 30 days (of the day that woman gave ME the papers.) First question is: was Jane Smith properly served? We are in California by the way... other issue is: she found this particular debt item on her CBR - the only date given is "opened: 3/2000" - is this past the SoL for legal action? We're hoping it's not too late to answer this summons... there are some other dates contained within the summons report of note:

Hearing on Failure to File Proof of Service: 12/1/06
Hearing on Failure to Answer: 1/2/07
Appear for a Case Managment Conference on: 2/3/07

She will be moving from her current place of residence in a week or so (and moving in with me). She could easily become "unfindable", but we want to get married soon and do the right thing... please, tell me what's in all parties' best interest right now? Should we find out the last date of activity on this credit card account and possibly lay low? But how would this work if a default judgement is issued?

Many thx!

[Mr. Knowitall]

Lying to a process server doesn't stop you from being properly served. Service was effected upon an adult resident of Jane Smith's legal residence and, lies aside, there's no question from your account but that she was served.

If she chooses to default in the lawsuit without raising the statute of limitations as a defense, she'll be stuck with a judgment against her.

[eggshells8]

thx for your response knowitall.

perhaps if the process server was forthcoming with who she was and why she was there to begin with (you know, like how normal civilized people introduce themselves: "hi, i'm shady_process_server and I have some important legal documents for jane_smith - is she here?") that's how a civilized person addresses a stranger. it wasn't like a uniformed sheriff came knocking... some ugly, bitter-looking hag of a woman knocks on her door and abrubtly asks "is jane smith here?" lol fooooock that. who the hell are you biatch?

she didn't sign anything that proves she was served. i'm not here to find out how to duck and cover... I just want to know if it's too late to answer the summons, possibly with a very legitimate SoL plea. and I am not an adult resident of her residence.

[Mr. Knowitall]

perhaps if the process server was forthcoming with who she was and why she was there to begin with (you know, like how normal civilized people introduce themselves: "hi, i'm shady_process_server and I have some important legal documents for jane_smith - is she here?") that's how a civilized person addresses a stranger.

You say you knew she had legal papers to serve, so you couldn't have been that confused.

she didn't sign anything that proves she was served. i'm not here to find out how to duck and cover... I just want to know if it's too late to answer the summons, possibly with a very legitimate SoL plea.

That depends upon whether a default has been filed. Check with the court.

and I am not an adult resident of her residence.

You lied and said you were. So there you go.