San Rafael, CA asked in Banking and Collections for California

Q: In California, can I be served debt collection at my old address if people who live there(my old roommates)still know me

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3 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: If the plaintiff claims that you were served, you would have to file a motion to quash service by proving that you don't live there. Keep in mind that the goal of the law is to give a person notice. And you obviously know about the lawsuit. A successful motion to quash does not eliminate the lawsuit. At best it normally gives you additional time to respond to the lawsuit.

I think you are best off deciding what you will do about the lawsuit. Usually this means settling it, or if you have a valid defense then you must file a legal response to it and get the courtroom ball rolling.

Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: That would not be valid service.

James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: Likely not valid service, but I recommend responding since any other filing would just delay the inevitable.

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