[CA] [CA] Debt collectors are suing me, but I wasn’t served properly. What should I do?

Lexi, Chatbot

I'm sorry to hear about the situation you're facing. Were you properly served with the legal documents related to this debt collection lawsuit?

Lexi, Chatbot

Have you gathered any evidence or documentation regarding the incomplete and erroneous files that could support your case?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your debt collection lawsuit.

Brandon

Hi there and welcome to AskALawyer. My name is Brandon and I'm an attorney. I'd be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice. Please also note that I am human, that I often need to research your answer to give you an accurate response, that I work with other customers, and that I get up from time to time. So please be patient while waiting for a response. If more than 30 minutes have passed, please feel free to reach out.

Where are you located?

Brandon

Proper service is not just a technicality—it’s a foundational requirement in any lawsuit. If you weren’t served correctly, the court doesn’t have jurisdiction over you, and that could be a strong defense.

In California, a debt collector must follow strict rules when serving someone: (CA Civ Code § 1788.12)

• Personal service (hand-delivered to you)
• Substitute service (left with someone else at your home or business plus mailed)
• Service by publication (only allowed with court approval if other methods fail)

You mentioned having two different summons with two different dates and proof that you weren’t properly served. That’s important. If they served you at the wrong address, left it with someone not legally allowed to accept it, or didn’t follow up with mailing as required, you may have grounds to challenge the lawsuit entirely.

Your Next Move: File a Motion to Quash or Set Aside.

If a default judgment has already been entered, file a motion to set aside the judgment under California Code of Civil Procedure § 473(d) (void judgment due to lack of proper service) or § 473(b) (excusable neglect, mistake, or surprise).

If no judgment has been entered yet, file a motion to quash service of summons.

You’ll need:

• Proof of improper service (conflicting summons, lack of proper delivery, or errors)
• A declaration explaining the facts from your perspective
• Documentation showing you were elsewhere or never received service

Disputing the Debt: You have the right to demand proof under the Rosenthal Fair Debt Collection Practices Act. Debt buyers must provide:

• Original credit agreement
• Full account history
• Proof of ownership

Immediate Steps:

1. Check case status at San Diego County Superior Court
2. Gather your documents
3. File an Answer or Motion to Quash (whichever applies first)
4. Request debt validation

Brandon

Use Form PLD-C-010 (Answer – Contract) from the California Courts website.

Brandon

Section 3 – General Denial: Check 3a (“Defendant generally denies each and every allegation of the complaint.”)

Section 4 – Affirmative Defenses:

Examples:

• Improper Service of Process
• Lack of Standing
• Failure to State a Claim
• Statute of Limitations (if applicable)
• Mistaken Identity
• Unjust Enrichment / Unclean Hands
• Debt Already Paid / Discharged

Brandon

Correct. The rejection means no default judgment exists yet, and you still have time to respond.

Brandon

There’s no Judicial Council form for this. Draft it on 28-line pleading paper.

Sample:

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [insert hearing date], at [insert time], or as soon thereafter as the matter may be heard, in Department [insert department] of the above-entitled court, located at [insert courthouse address], Defendant [Your Name], in pro per, will and hereby does move the Court for an order quashing the purported service of summons in this matter.

This motion is made pursuant to California Code of Civil Procedure § 418.10(a)(1) on the ground that Plaintiff failed to properly serve the Summons and Complaint on Defendant in the manner required by law.

This motion is based on this Notice, the attached Memorandum of Points and Authorities, the Declaration of [Your Name], the pleadings and papers on file in this action, and any oral argument the Court may allow at the hearing.

Brandon

It’s the courtroom number. For example, “Central 2012” in San Diego means:

• Department: Central 2012
• Address: 1100 Union Street, San Diego, CA 92101

Brandon

Leave them blank.

Brandon

Yes.

Brandon