Hi there and welcome to AskaLawyer. My name is Brandon and I’m an attorney. I’d be happy to help you 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, and that I work with other customers and get up from time to time. If more than 30 minutes have passed, please feel free to reach out.

Where are you located?

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:

• 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, your focus should be on filing 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, you can file a motion to quash service of summons, which tells the court: “This case can’t move forward because they never served me the right way.”

Here’s what you’ll need:
• Proof of improper service (show conflicting summons, lack of proper delivery, or any errors)
• A declaration explaining the facts from your point of view—where you were, what happened, and how the process server got it wrong
• Any documentation showing you were elsewhere or never received service
• If you’ve received conflicting documents about service, include both copies. If they sent notice to the wrong address or a different person, that’s critical, too.

Second: Disputing the Debt Itself
On top of the service issue, it sounds like there may be problems with the debt itself:
• You mentioned incomplete and erroneous files
• And that the debt has been purchased (likely by a debt buyer)

Under California law (including the Rosenthal Fair Debt Collection Practices Act), you can demand detailed proof. Debt buyers must provide:• A copy of the original credit agreement
• A full account history
• Proof they own the debt (a valid chain of assignment)

If you have conflicting or suspect “proof of purchase” documents, that casts doubt on standing. You can raise these issues in your Answer or via a motion, depending on case posture.

Suggested Steps to Take Immediately

• Check the Case Status (San Diego Superior Court online case search).
• Gather Your Documents (both summons versions; any mail/envelopes/photos; declarations from residents; debt sale/purchase docs).
• Draft and File a Response
  • If no judgment yet: File an Answer and possibly a motion to quash service.
  • If default judgment entered: File a motion to set aside default judgment.
• Request Validation of the Debt (through discovery after you respond).

Timing Note
California courts are strict about deadlines. If you just found out about the case, you generally have six months from learning of a default to move to set it aside. If service was defective and you never actually knew about the lawsuit, you may have longer under CCP § 473.5—you need to show you weren’t properly notified.

Form PLD-C-010 Title: Answer — Contract

This is the standard form to respond to a complaint based on a contract (e.g., credit card, personal loan). You can download it from the California Courts website.

SAMPLE LANGUAGE:

Section 3 — General Denial
In most California debt cases—especially when you dispute the amount, weren’t properly served, or don’t recognize the debt—it’s fine (and often recommended) to generally deny everything unless you absolutely know something is true.

Check Box 3a:
“Defendant generally denies each and every allegation of the complaint.”

Section 4 — Affirmative Defenses (choose those that fit):
• Improper Service of Process — Defendant was never properly served with the summons and complaint (CCP §§ 415.10–415.40). The court lacks personal jurisdiction.
• Lack of Standing / Improper Plaintiff — Plaintiff has not provided sufficient evidence of ownership/assignment.
• Failure to State a Claim — The complaint lacks essential facts, terms of the agreement, proof of amount, or complete account history.
• Statute of Limitations — If 4+ years since last payment (CCP § 337).
• Mistaken Identity / Lack of Knowledge — Defendant lacks sufficient information to admit/deny and therefore denies.
• Unjust Enrichment / Unclean Hands — Plaintiff seeks recovery without adequate documentation.
• Debt Paid / Discharged / Settled — Alleged debt satisfied/discharged; demand documentation.

How to list them (Section 4), for example:
• Defendant was never properly served with the summons and complaint.
• Plaintiff has not shown proof of ownership of the alleged debt.
• The complaint fails to state a claim.
• The statute of limitations has expired.
• Defendant lacks sufficient knowledge or information about the alleged contract or amount owed.
• Plaintiff has failed to provide an accounting of the alleged debt.
• Defendant reserves the right to amend this answer and add defenses as discovery proceeds.

The “Judgment by Default by Clerk” that LVNV Funding LLC tried to file on April 24, 2024 was rejected by the court.

That means no default judgment has been entered against you. This is good news and gives you time to respond (Answer and/or motion to quash). You’re in a strong position: no default, and you can still raise defenses and challenge service.

Sample language — NOTICE OF MOTION (no Judicial Council form exists; use pleading paper):

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [insert hearing date if scheduled], 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 Code of Civil Procedure § 418.10(a)(1) on the ground that Plaintiff failed to properly serve the Summons and Complaint on Defendant as 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, and any oral argument the Court may allow.

There is no pre-made Judicial Council form for a motion to quash. Prepare it as a typed motion on 28-line pleading paper (or e-file as a PDF if required).

“Department” refers to the specific courtroom/division where your case is assigned (e.g., Department 60, Department C-10).

Leave the hearing date, time, and department blank when you initially file it.

Correct.

Yes, you put “Hall of Justice” at the top.

Do you have any additional questions?

I wish you the best.