|
|
News
California Rules of Court
(Reorganized and Effective January 1, 2007)
Title 3. Civil Rules
Division 7. Civil Case Management
Chapter 3. Case Management
Cal Rules of Court, Rule 3.740 (2007)
Rule 3.740 Collection
cases
 |
Definition
“Collections case” means an action for recovery of money owed in a
sum stated to be certain that is not more than $25,000, exclusive of
interest and attorney fees, arising from a transaction in which
property, services, or money was acquired on credit. A collections
case does not include an action seeking any of the following:
-
Tort damages;
-
Punitive damages;
-
Recovery of real
property;
-
Recovery of
personal property; or
-
A prejudgment writ
of attachment.
|
|
|
Civil Case
Cover Sheet If a case
meets the definition in (a), a plaintiff must check the case type
box on the Civil Case Cover Sheet ( form CM-010) to indicate that
the case is a collections case under rule 3.740 |
|
|
Exemption from
general time-for-service requirement and case management rules
A collections case is exempt from:
-
The
time-for-service requirement of rule 3.110 (b); and
-
The case
management rules that apply to all general civil cases under
rules 3.712-3.715 and 3.721-3.730, unless a defendant files a
responsive pleading.
|
|
|
Time for
service The complaint
in a collections case must be served on all named defendant, and
proofs of service on those defendants must be filed, or the
plaintiff must obtain an order for publication of the summons,
within 180 days after the filing of the complaint. |
|
|
Effect of
failure to serve within required time
If proofs of service on all defendants are not filed or the
plaintiff has not obtained an order for publication of the summons
within 180 days after the filing of the complaint, the court may
issue an order to show cause why reasonable monetary sanctions
should not be imposed. If proofs of service on all defendants are
filed or an order for publication of the summons is filed at least
10 court days before the order to show cause hearing, the court must
continue the hearing to 360 days after the filing of the complaint. |
|
|
Effect of
failure to obtain default judgment within required time
If proofs of service of the complaint are filed or service by
publication is made and defendants do not file responsive pleadings,
the plaintiff must obtain a default judgment with 360 days after the
court must issue an order to show cause why reasonable monetary
sanctions should not be imposed. The order to show cause must be
vacated if the plaintiff obtains a default judgment at least 10
court days before the order to show cause
hearing. |
|
|