I just received statement of evidence from plaintiff's attorney. Plaintiff is OC. Amount approx $4500. Statement of evidence includes names and addresses of 5 witnesses and a generic credit card agreement from the wrong year since they already told me the year the acct was opened. They sent quite a few statements along with the list of witnesses. Court date is set for less than 20 days from now. They had sent a ccp98, but withdrew it saying they would bring a witness. Hence the 5 witnesses. where do I go from here? I have very little time. They also stated that they intend to offer documents into evidence which are currently unavailable including copies of the application and payments from defendant.
This is in Northern Ca. I already admitted that I had a CC with the plaintiff, but the account # and balance is different and I denied any knowledge of this particular CC. Is it too late to ask for proof that the witnesses are qualified and that they are employed by the OC or am I left to determine that only through cross examination? How do I best get the statements tossed out as hearsay? How do I best attack the witness credibility? What questions should I ask? Is there a way I can get the case dismissed before trial? A settlement offer was sent with the statement of witnesses and evidence. Should I call them and state that I decline any offers to settle and let them know that I plan on filing a separate suit for their recent FDCPA violations when they didn't identify themselves as debt collectors in voice mails? Thanks in advance!
They are suing you on several counts, including account stated, so I would say yes, the things @Texasrocker posted would apply. You need to ask permission for discovery, so follow the the advice in his thread, he walks you through it. Questions outside what he says to do, post here. He has helped a ton of people from Texas. I would trust his advice.