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About Qckstx

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  1. Without Prejudice. Thank you everyone for your assistance!!
  2. Currently constructing brief. Contained in my Declaration in lieu of Testimony are 2 bills of sale. Midland is 2nd purchaser from A company called Calvary. Calvary bill of sale includes affidavit, Midland bill of sale does not. I've been working with HomelessinCalifornia's MIL and modifying for my case. Can I still take issue with "proof" of ownership?
  3. I am in California small claims. I guess what I'm asking, would I present a brief or MIL in response to the Declaration in lieu of Testimony? And, if not yet served or filed, can I still present at trial?
  4. Verified as Court Trial on 8/7/2014. Also, service date would then be 7/3/2014 calawyer. If I understand correctly, I am to prepare an MIL objecting to the itemized Declarations in lieu Testimony and give to court clerk at trial?
  5. Is this a trial? That is a good question. I have a letter stating "Notice of Trial/Hearing" and also states "take notice that the above-entitled cause has been set for Court Trial on 8/7/2014 in Norwalk CA. I have a proof of service from the plaintiff stating service date of July 3, 2014 . Docs arrived late July.
  6. Note that the plaintiff's Declaration in lieu of Testimony was received via US mail about 10 days prior to trial.
  7. I have not sent plaintiff CCP 96 request. I am reviewing the links provided. Am i supposed to serve plaintiff with MIL or file in court?
  8. Did not receive ccp96. Only Declaration in lieu of Testimony. Small Fry, day is Thursday this week.
  9. Ok, So I have, what I believe to be a hearing this Week in Norwalk, CA. All demands have been answered. Sent BOP last year. Response was "Believed to be true". Received Declaration in lieu of Testimony last week. This included basic knowledge of original debt and details, admission of no original instrument creating account...unavailable as well as bill of sale of debt purchase along with copy of bank statement. Statement only shows name, no address so, nothing that I would have received. Affidavit of Sale enclosed, Certificate of Conformity and lastly, a copy of a Midland statement notifying purchase of alleged debt and amount owed. I'm looking for any last minute advice. Looks to me like everything presented is hearsay. Thanks!
  10. Thanks RyanEX! Would the Document Request require an itemized list of requested docs? I have not seen an example of this form except for the Plaintiff's request sent to me.
  11. Following filing of General Denial, I received Req. for Admissions, Documents and Interrogatories by US mail 6/24. Response required within 35 days after service. Claim is not verified and no addl. documents have been received by me from Plaintiff. As this is a "Account Stated" action, do you still recommend a BOP?
  12. Was the BOP sent after General Denial was recorded? Is BOP necessary to Deny admissions?
  13. Thank you. At this point, I am preparing my responses to: Special Interrogatories to DefendantState Name- State each residence State name, employer for last 5 years Did I report to HSBC any inaccuracies in statements Did I ever report in writing to HSBC account opened fraudulentlyDemand for Production of DocumentsAny and all documents the REFER or RELATE to credits cards issued " " to a credit card issued " " any payments made to HSBC " " any correspondence sent by me to HSBC " " any correspondence received by me from HSBC " " any phone calls made " " any phone calls receivedRequest for AdmissionAdmit I applied for account Admit I used account Admit I received statements ...made payments ...I owe $1200 ...not paid the $1200 ...my last payment date ...received notice of last ownership and pre-legal review from plaintiff ...did not dispute ownership with plaintiff ...did not dispute accuracy of new ownership notice. I have read that two responses (Deny & Object) have been used by other posters. Not sure what my best response option is going forward. I have not sent anything to plaintiff except 'filed' general denial form stating no specifics.