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In California, I don't believe you can file against a local branch. You'd need to file against BofA at their central legal location for service, which I believe
by bgentry 10y ago
In California, I don't believe you can file against a local branch. You'd need to file against BofA at their central legal location for service, which I believe is in LA. However, I think (though not sure) you can still file the case itself in the county where you reside.
I know this because I recently filed a small claims case that included Chase as a defendant, and this was the process.
The small (<10k) amount of money makes this a bit difficult because that typically falls within the realm of small claims, and they don't move quickly with court dates. My hearing date was about 3 months after filing. Maybe there are special procedures for things that have to move quickly like this?
- CPLX 10y ago> Maybe there are special procedures for things that have to move quickly like this? Yes that's what I'm proposing. I don't know CA specifically but in general courts have what's called a "special term" or an "ex parte part" or something similar. In that court a judge is sitting during the day and is available to sign orders that relate to exigent circumstances, which this would qualify for. Typically you can file an OSC and/or a TRO and seek temporary relief while you make arrangements to actually begin a proper suit. It's very commonly used, for example to prevent a business partner from cleaning out an office full of jointly owned supplies, or preventing the auction of a property when there's a dispute over ownership. It's very different from the long slow plodding process by which an actual court case proceeds. But it's applicable here since this isn't an actual court case, it's mistaken identity. Once it comes to everyone's attention formally, with a judge's order, it's almost certain to end right there.