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    • @ticklemore Have you read the CA Fair Debt Buying Practices? https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.6C.5.&part=4.&chapter=&article=
    • No, they didn't send me CCP 98 probably because this is an unlimited civil case (over $25,000), and CCP 98 applies to limited civil cases. Today, they sent me the affidavit rom the original creditor which I added on a separate post here:   
    • Today, I have received below affidavit from the JDB (3rd owner) The Affiant is a person from Pentagon Federal Credit Union who is the original credit card issuer. ----------------------------Start of the document------------------------------ <Page 1> AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions)   I am a/a Richard HXXXX of Pentagon Federal Credit Union ("Original Creditor"), and I have personal knowledge of and access to Original Creditor's books and records ("Business Records"), including electronic records, relating to a pool of charged-off consumer credit accounts sold or assigned by Pentagon Federal Credit Union to UHG I LLC ("Debt Buyer" on 12/28/2018 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein.  As part of the Sale, Original Creditor assigned all of its interest in the Account, including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the Account to Debt Buyer.  A true and correct copy of the bill of sale, Lot 1219, is attached as an exhibit to this affidavit. 1. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of consumer credit accounts.  Original Credit's Business Records were made in the regular course of business and it was the regular course of such business to make the Business Records.  The Business records were made at or near the time of the events recorded.  Based on my knowledge of Original Creditor's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. Original Creditor and Consumer were parties to a credit agreement ("Agreement").  Consumer agreed to pay Original Creditor for all goods, services and cash advances provided pursuant to the Agreement.  The date and the amount of the last payment, if any, made by Consumer are set forth in an exhibit attached hereto and made a part thereof.  Consumer defaulted and demand for payment was made by Original Creditor.  A true and correct copy of the Agreement is attached as an exhibit to this affidavit. 3. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also set forth the name of the Consumer; the last four digits of the Account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the total amounts, if applicable, of any post-charge-off interest and post-charge-off fees and charges; any post charge-off credits or payments made by or on behalf of the Consumer; and the balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge. Dated: 4/8/2021                                         By: (signature)                                                                       Print Name: Richard HXXXX   Sworn to before me this 8th day of April, 2021. (signature of the Notary Public) Notary Public BOUTROS NABIL SALIB AWADALLA Notary Public, COMMONWEATH OF VIRGINIA Reg. No. 7090432 My Commission Expires 01/31/2023 ------------------------------------------------------------------------------------------------------------ <Page 2> CERTIFICATE OF CONFORMITY I, Kristen J. MXXXXX, an attorney-at-law of the Commonwealth of Virginia who resides in the Commonweath of Virginia do hereby certify that I am duly qualified to make this certificate of conformity and hereby certify that the acknowledgement or proof upon the foregoing document was taken by Peter Awadalla, a notary public in the Commonwealth of Virginia, in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to the laws thereof in all respects.   IN WITNESS WHEREOF, I have hereunto set my signature, this 8th day of April, 2021.   (signature) Kristen J. MXXXXX, Esq. ----------------------------End of the document------------------------------   I am planning to file Motion in Limine for the following reasons (please let me know if you have any advice or comments): Plaintiff did not produce this affidavit before end of discovery (30 days before trial).  The trial is 5/3/2021 and this document is dated 4/8/2021 so maybe I can object to the timing? The Affiant who is from out-of-state did not sworn "under penalty of perjury under the laws of the State of California that the foregoing is true and correct” as outlined in https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=2015.5. Stamp on page 1 shows Notary Public's first name to be different than what is on the 2nd page.  1st page stamp is BOUTROS NABIL SALIB AWADALLA and 2nd page refers to the Notary Public as PETER AWADALLA. Can I also object this affidavit as hearsay?
    • Read up on your updates. Did they ever send you a CCP 98 Declaration/Affidavit In Leiu of Testimony. Didn't see it listed but wanted to make sure. Sounds like the main pieces of evidence they are trying to use are affidavits, bills of sale, statements... and testimony from their own employee (a JDB employee)?
    • Every page.  That way the judge can tell it is the proper agreement.  
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