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Posts posted by browniebrownie141

  1. Gentlemen/ Ladies:


    Do you think that they are trying to PULL a new trick(s) here?? ...


    Yesterday, I received a letter from JDB's attorney ( see below for scanned copies ).


    So far, I ONLY notice TWO issues.


    1. The attorney used to be Donald Sherrill ( State bar#266038), now, this letter was sent from another one Anthony DiPiero (state bar# 268246). Both works for Hunt & Henriques.


    2. From the copies they sent me, 1 pages stated that JDB purchased the alleged account 10/21/2011. However, the dated is NOT the same as stated on the so-called Bill of Sale ( which listed on the very first page of this posting )


    The copies that they provided at this time, seems old stuff, (trying to cover their "behind" that they did not send me the "miranda notice" that I orginally pointed out. ) Other than that, seems to me those date(s) they mentioned, were referring to my discovery, bill of particular, motions, MSJ I filed Vs. them....


    Can anyone think of.....any tricks that they are trying to do here ??....other than they wrote: Plaintiff reserves the right to amend this response ....


    Oooh,....I fired all written Discovery, but I believe they still have 2-3 unused questions-written, ...Can anyone tell me WHEN is the closing time for them to ask for Discovery? ( FYI: summon was filed last June, 2013; trial date is set November 12, 2014)


    I searched online, JDB's attorney:

    Donald Sherrill ( #266038) admitted to State bar since 2009. (not much info)

    Anthony DiPiero (#268246) also admitted since 2009.

    -works for the JDB law firm Hunt & Henriques April 2010-Present

    -clerk @ Adobe system

    -law clerk @ Law office Robert & Elliot

    -Santa Clara University of Law (2006-2009)

    -Cal Poly San Luis Obispo


    http://www.calbar.ca.gov/ ( info search state bar of california ) & linkedIn


    Million thanks....scanned images of what I received follows....



  2. if it is the subpoena form you are asking about, "I believe"...the subpoena form must be file-stampled by the Court Filing Clerk Office in order to be "effective/valid"....before you hand it to your server/ sheriff dept ....( of course, you will also need to keep extra copies for later use)


    Please, other Gentlemen/ Ladies perhaps can CONFIRM this .....


    Hope this helps


    Best Wish...

  3. Dearest Anon Amos & Calawyer:


    OK...I see.....I guess I am too nervious,...is'nt it ?


    I guess I am trying to "map out" all crazy things that could "derailing" my path,....


    ......I saw from HomeLess's posting, he did'nt get JDB's trial brief until right before trial; saw from another posting that defendant did not wrote case# and title on Subpeona that the Judge had problem-- and Calawyer casted doubt on that; while some other ....


    ok ok...I need to calm down a little bite,....I should be drafting my trial brief (using what you both helped me from my MSJ ) and wait-t0-see IF there is any other evidence(s) from JDB....


    Thanks to you all....

  4. @Calawyer:


    Thank you very much, Sir !


    I see, so that's the reason why you did that way--refering to the redacted & sample "shell" in Homeless's posting.


    I was referring to #2: "....the motion has been discussed with JDB's attorney...", ....given such a tight deadline prior trial date, how do I NOT running out of time?? ( not more than 45 days prior trial SEND CCP96 to JDB; then they have 20 days + 5 to respond (most likely CCP98), then I filed OBJECTION to their CCP 98 & Subpeona....sheriff serve the subpoena + wait for sheriff's declaration....file MIL motion & trial brief and send JDB copies....( 5 days + 2 days? overnight mail) ...


    How do I have time to "discuss" with JDB's attorney in the middle of all these?? Or should I just state in mail with Objection!?


    And if I send my CCP 96 in overnight mail, they have 20 + 2 days right? Or still 20 + 5 days ??

  5. Gentlemen & Ladies:


    Some confirmations please......


    Which Subpoena form should I be using? (Don't want to use the WRONG form !! )


    -Civil Subpoena for Personal Appearance At Trial or Hearing (Subp-001)



    OR is it: Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (Subp-002)



    Also, one of the Court Rules about MIL motion ( see below:) I don't quite understand....can anyone...explain to me in plain simple lanugage PLEASE??





    (a) Required Declaration. Motions made for the purpose of precluding the mention or


    display of inadmissible and prejudicial matter in the presence of the jury must be accompanied by


    a declaration that includes the following:


    (1) Specific identification of the matter alleged to be inadmissible and prejudicial;


    (2) A representation to the court that the subject of the motion has been discussed


    with opposing counsel, and that opposing counsel has either indicated that such matter will be


    mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel


    has refused to stipulate that such matter will not be mentioned or displayed in the presence of the


    jury unless and until it is admitted in evidence;


    (3) A statement of the specific prejudice that will be suffered by the moving party if


    the motion is not granted; and


    (4) If the motion seeks to make binding an answer given in response to discovery,


    the declaration must set forth the question and the answer and state why the use of the answer for


    imp eachment will not adequately protect the moving party against prejudice in the event that


    evidence inconsistent with the answer is offered.


    (B) Summary Adjudication Improper. A motion in limine may not be used for the purpose


    of seeking summary judgment or the summary adjudication of an issue or issues. Those motions


    may only be made in compliance with Code of Civil Procedure section 437c and applicable court




    © Bifurcation of Issues Improper. A motion in limine may not be used for the purpose of


    seeking an order to try an issue before the trial of another issue or issues. That motion may only be

    made in compliance with Code of Civil Procedure section 598.


    Million Million 100,000,000 thanks

  6. "Dearest" Anon Amos & Calawyer:


    So...from my end here,....I will be sending a letter to Original Creditor (certified with return signature receipt), and when the OC replies me, then, the OC 's replies (confirmation),  along with my letter, certified and signature receipt will be ok-as "authenicated", is that correct ?


    And say the JDB will not send me their CCP 96, because they don't want me to show my evidance in court, then, how do I draft a pleading paper to file with the Court that I would like to submit....?


    Million thanks

  7. @Anon Amos:


    Yes Sir, you taught me a lots of stuff, helped me on my amended MSJ, and I followed your instructionof reading HomeLess's posting. And I am in the process of using my amended MSJ to "re-cycle" it as trial brief....


    Of course, if the JDB would send me a CCP 96, ...but, somehow, I am not sure if they would do so,...last time when I "introduced" that piece during Discovery, certainly "touched JDB's attorney 's nerve, haha....


    But yes, I know I will be doing my CCP 96/ then Objection to their CCP98 + filing/serving Subpoena, then filing MIL + trial brief...and the whole 9 yards...


    So, what are the "impeachment" route ?

  8. Gentlemen & Ladies:


    1 quick question:


    As I am now really trying to start preparation for my trial and document(s). Say there is 1 piece of document that I want to introduce to trial as evidance Vs the JDB--( please see page1 posting #1 last photo)


    How do I go by getting it submitted as evidance ? / how do I get it becomes authenicated ? Should I send a letter to OC in certified mail with signature return then using their reply and attached the certified mail/ signature return (all) get notarized.....????


    Thank you in advance ....

  9. very very informative AND USEFUL....


    Thanks again Anon Amos AND Shellieh98,....


    1 more question: On the spot, whether is MIL motion hearing OR at trial, when the plaiintiff request to withdraw the case ( dismiss without prejudice ), can the defendant ask the Court to dismiss with prejudice AND ask the for expenses spent on the case, plus,...ask the court to sanction the plaintiff and it's attorney for such a reckless behaviour ??... ( I know, i don't get to receive the sanction !! )


    Million thanks and Congrats to BigDaddyBry ! Now that you can move on with your life, good feeling, is'nt it !?

  10. @ Shellieh98 & Anon Amos:


    Oooh Thank you so much, then, naturally, it bakes another 2 questions:


    1. Does it makes sense/ (or is it advisable) for us to include that CCP 2009 AND Calif edvience code 647 & 604 in our MIL papers? ( for those who uses professional serve OR sheriff)


    2. At motion hearing of MIL or at begining of the trial ( if MIL is on the same day), I would raise "OBJECTION" based on CCP 2009 and both codes, am I correct? Or is it I state CCP 2009 and both codes?


    The reason I ask this, is the concern that it usually runs a very very time tight schedule for defendant to do so many things right before trial, ,...AND, if the Plaintiff's attorney first provide a address that is beyond the "distance requirement", trying to KILL our time, although we can "meet & confer" AND of course, they will provide an address LATER, but still, valuable time will be lost, AND they most likely will challenge THIS, as the poster is dealing with this problem.....


    Million thanks !!

  11. Excuse me, but ...what is CCP 2009 really means ??


    When I searched online...here is what I found, somehow, i don't really understand....can anyone explain in plain simple way...PLEASE...


    SECTION 2009-2015.6 


    2009. An affidavit may be used to verify a pleading or a paper in a
    special proceeding, to prove the service of a summons, notice, or
    other paper in an action or special proceeding, to obtain a
    provisional remedy, the examination of a witness, or a stay of
    proceedings, and in uncontested proceedings to establish a record of
    birth, or upon a motion, and in any other case expressly permitted by

    2010. Evidence of the publication of a document or notice required
    by law, or by an order of a Court or Judge, to be published in a
    newspaper, may be given by the affidavit of the printer of the
    newspaper, or his foreman or principal clerk, annexed to a copy of
    the document or notice, specifying the times when, and the paper in
    which, the publication was made.

    [2011.] Section Two Thousand and Eleven. If such affidavit be made
    in an action or special proceeding pending in a Court, it may be
    filed with the Court or a Clerk thereof. If not so made, it may be
    filed with the Clerk of the county where the newspaper is printed. In
    either case the original affidavit, or a copy thereof, certified by
    the Judge of the Court or Clerk having it in custody, is prima facie
    evidence of the facts stated therein.

    2012. An affidavit to be used before any court, judge, or officer
    of this state may be taken before any officer authorized to
    administer oaths.

    [2013.] Section Two Thousand and Thirteen. An affidavit taken in
    another State of the United States, to be used in this State, may be
    taken before a Commissioner appointed by the Governor of this State
    to take affidavits and depositions in such other State, or before any
    Notary Public in another State, or before any Judge or Clerk of a
    Court of record having a seal.

    [2014.] Section Two Thousand and Fourteen. An affidavit taken in a
    foreign country to be used in this State, may be taken before an
    Embassador, Minister, Consul, Vice Consul, or Consular Agent of the
    United States, or before any Judge of a Court of record having a seal
    in such foreign country.

    2015. When an affidavit is taken before a Judge or a Court in
    another State, or in a foreign country, the genuineness of the
    signature of the Judge, the existence of the Court, and the fact that
    such Judge is a member thereof, must be certified by the Clerk of
    the Court, under the seal thereof.

    2015.3. The certificate of a sheriff, marshal, or the clerk of the
    superior court, has the same force and effect as his or her

    2015.5. Whenever, under any law of this state or under any rule,
    regulation, order or requirement made pursuant to the law of this
    state, any matter is required or permitted to be supported,
    evidenced, established, or proved by the sworn statement,
    declaration, verification, certificate, oath, or affidavit, in
    writing of the person making the same (other than a deposition, or an
    oath of office, or an oath required to be taken before a specified
    official other than a notary public), such matter may with like force
    and effect be supported, evidenced, established or proved by the
    unsworn statement, declaration, verification, or certificate, in
    writing of such person which recites that it is certified or declared
    by him or her to be true under penalty of perjury, is subscribed by
    him or her, and (1), if executed within this state, states the date
    and place of execution, or (2), if executed at any place, within or
    without this state, states the date of execution and that it is so
    certified or declared under the laws of the State of California. The
    certification or declaration may be in substantially the following
    (a) If executed within this state:

    "I certify (or declare) under penalty of perjury that the
    foregoing is true and correct":
    _____________ _________
    (Date and Place) (Signature)

    (B) If executed at any place, within or without this state:

    "I certify (or declare) under penalty of perjury under the laws of
    the State of California that the foregoing is true and correct":
    _____________ _________
    (Date) (Signature)

    2015.6. Whenever, under any law of this State or under any rule,
    regulation, order or requirement made pursuant to law, an oath is
    required to be taken by a person appointed to discharge specific
    duties in a particular action, proceeding or matter, whether or not
    pending in court, including but not limited to a person appointed as
    executor, administrator, guardian, conservator, appraiser, receiver,
    or elisor, an unsworn written affirmation may be made and executed,
    in lieu of such oath. Such affirmation shall commence "I solemnly
    affirm," shall state the substance of the other matter required by
    the oath, the date and place of execution and shall be subscribed by




  12. Would you please, first tell us the following, so that people on this forum would be able to point you to the right direction.


    1. How your case was LOST? In detail please.


    2. Tell us some detail of the case itself: $ amount / SOL/ Discovery info- both side especially how you responded/ What documents ( or evidence) that they presented...etc.


    This forum has many great people here, but without any info, how could they offer and share with you their valuable insight !??

  13. Congrats !


    Just 3 quick questions regarding the filing MIL motion ......when you filed the MIL motion with the Court, was the feedback from Sheriff ( that indicated their witness are NOT there at the address) attached with your filing ?


    If NOT, how did you handle that part? Did sheriff send the feedback to Court directly ??


    I agreed with you, once they replied the CCP98 and we have so little time to do the subpeona and filing MIL and waiting for the sheriff !


    Once again, Congrats.....

  14. @Anon Amos:


    "If a bottom feeder has already sent a letter or contacted me and it was just about to be time barred by the running of the SOL, THEN I would send a DV, because It may slow them down enough to be useful. And you are in the radar already anyway (this may be your situation @browniebrownie141 ).--You are right !


    If a bottom feeder sent me a dunning letter, and the SOL was in their favor, then I would just ignore the letter and not ask for validation. I would ignore it UNLESS it contained FDCPA or FDBPA violations, in which case I would use it against them at some point (depending on the situation). "


    Clearly, the notice listed above DID NOT state the 30 days that I could Validate, AND, as others may suggested, all they have to do is to say/ or lie they sent me something ( including dunning letters) in the past....


    Given the CONSENSUS and situation analysis from the "knights of the Round Table" here, ....


    Should I jusy stay cool ( not doing anything ) for the time being and NOT counting 30 days as this notice DOES NOT STATES so, and WAIT what's their next moves?


    And it will be LATER for me to send the Validation of Debt letter to them ( but not the CD at the same time).


    And pay close attention if there is any violation of FDCPA rules, right ?

  15. Gentlemen/ Ladies:


    First, I guess it is never enough for me to say “thank you” even I said that already in the beginning.


    When I just received the notice, I thought: this time, I need to do it right, especially with such a BIG POOL of intelligent people here. The VOD & CD letter came to my mind that because I read often “ if you did’nt do it, don’t bother, it’s too late”…that’s why.


    You all in a few postings, already opened up a lots of idea, tactics, and situation analysis for me.


    @ Anon Amos & Credator: regarding the “missing language” and “important message at the back”….You both are excellent, I did’nt pay any attention until you brought it up. So here it is…



  16. @ Harry Seaward: the trick I am referring to, is that they said they would send me a check, if I am stupid enough to cash the check, then they would be able to find out my bank account #, that 's what I meant. Which, I would NOT cash their check.


    @Anon Amos: I am NOT familar with FDBPA, I read the FCRA and FDCPA before. I understood some of the FCRA offers NO Persoanal /Private right(s), while FDCPA are a little straight forward to me, I notice there is a State 0f Calif version of it, but not familar either. I will search FDBPA tomorrow. But as stated, they claimed they purchased back in 2012,...either way, I will look into it.


    But let's say, they purchased back in 2012 & if FDBPA does'nt apply ?!?......My understanding is I can send the BOP once they filed the Summon, they would need to respond within 10 days, right ? Or I can "motion to compel" for response / or better answer, correct?


    Right Now, what I am thinking, (Please Correct me if I am in wrong path of thinking) is that:


    I attempt to make them realize I will NOT be a lazy loser & won't let them get a default judgement. And it is going to be WORK even before they file the Summon.


    And Thanks for the "correction" on my VOD, you are right, it is NOT the Summon yet.


    But I am NOT really understand, HOW do I get a leverage by NOT doing a VOD now ?


    My guess is: they know it's coming close to end of SOL, so they send this letter to TEST me if I am sensitive enough to respond, if I don't  reply/ ignore, then they would bet that they could go ahead file for summon and waiting for default judgement. ....that's why I want to do VOD.


    Please correct me....Thanks

  17. @BV80:


    When I searched internet long time ago,  many suggested that both the Cease & Desist Letter  AND VOD. So I just thought it is the way ?! 


    No, the collection notice does not state 30 days to reply. But when I searched online, my understanding is I have a right to request VOD as long as I do so within 30 days after receiving their 1st notice, often, you guys stated it's too late/ don't bother if received the Summon. So, this time, I try to be doing it correctly.


    Yeah, starting this year 2014, State Governor Brown signed a law, stating that all collections lawsuit must be debt validated before they are filed a lawsuit, I don't know the details.




    Yes, I will include my info/ collection notice.


    Thank you to you BOTH ! Is there anything else I can do ?

  18. Here is my drafted Validation of Debt request, please make suggestion/ changes....THANK YOU


    Dear Debt Collector:


    I am sending this letter in response to a summons case listed above dated 5/19/2014. The summons case sent by your offices claimed that I owe a certain debt to you or to a company you are affiliated with.


    Please be advised that this is a debt validation letter. At this time, I am simply requesting proof of the debt. However, I reserve the right to dispute the debt after I receive a full and complete written response to this request to validate the debt.


    You are aware of the Fair Debt Collection Practices Act, in addition to my home state laws of California, regarding debt collection practices. Under such laws, I am asserting my right to receive the following information to my requests. Be advised that when I refer to “your company”, I am referring to the company that sent the notice claiming I owe a debt. Please also note:, § 809. Validation of debts [15 USC 1692g].


    (Within 5 days after the initial communication,with a consumer in connection of any debt, a debt collection shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice)


    1. Who or what is the current legal owner of the debt? If your company is the owner then provide proof of the proper transfer of the debt to your company.


    2. Does your company have the original paperwork that established and created the debt obligation?


    3. Who or what is the name and address of the original lender of the debt? What is the date of the origination of the debt?


    4. Provide a copy of all written agreements that establish the debt. Provide a copy of all written agreements allegedly signed by me, NOT ROBO signing, as it relates to the debt.


    5. Provide a complete list of all owners of the debt, including the date of transfers or assignments of the debt.


    6. Provide a written statement in which you declare that the applicable statute of limitations has not run on this debt thereby establishing you are legally entitled to collect the debt.


    7. Provide all account activities and transactions information such as date of transaction, amount and descriptions of each transactions and show account balance from zero to present.


    8. Provide an accounting of all payments made against the debt and an accounting of all fees, charges, costs, legal fees, penalties, and interest charged because of the debt.


    9. Provide a verification or copy of all legal papers filed against me in an effort to collect the debt, including any judgment that has been obtained against me as it relates to the debt.


    10. Provide proof that you have filed all necessary paperwork with the appropriate agencies that allow you to collect debt from me in my home state or my home city. Include your registration and/or license numbers.


    11. Provide each and every time your company has filed a report with any of the credit bureau as it relates to my credit report. Provide the exact content of each report filed with any of the credit bureaus as it relates to my credit report.


    All collection activity must cease and desist until you have provided me with all of the requested information contained in this letter and until I have had 60 days to review the requested information. Furthermore, you shall cease and desist making any contact by telephone, email, text, facsimile, or internet phone to my home, to my place of employment, to any of my relatives, to any of my friends, and to any of my co-workers. In fact, you must cease and desist making any and all above mentioned contact to any person or entity. You may only contact me, in writing, by regular mail to the address on this letter until e-mail communication is requested.

  19. Here is my drafted Cease & Desist Letter, please make suggestion/ changes:


    Dear Debt Collector:


    Pursuant to my rights under applicable home state law of California and federal debt collection laws (Fair Debt Collection Practice Act FDCPA), this is a request that you, the company you work for, it’s affiliates and agents immediately cease and desist all communications with me, my family, friends, and associates in connection with this debt and any other alleged debts you claim I owe.


    Be advised that I may use recording devices to ensure your compliance and to provide proof against you in case of your failure to comply.


    Be advised that you shall not retaliate by filing any reports against my credit bureau with any of the major credit agencies.


    Be advised that I will pursue all legal remedies available to me if you fail to comply with my request.



  20. Gentlemen & Ladies,


    Today I received a collection notice by this JDB called Second Round, LP, from Austin Tx. Notice dated 5/19/2014.




    This is the 1st collection notice I received from themBUT they claimed, that they purchased this account on 1/31/2012 from original creditor US bank.


    I take it, they will take legal action Vs. Me, very soon, if they have'nt filed already !


    Given the fact that this is my first time to receive collection notice from them I would send them both Request For Validation of Debt, And Ceased and Desist Letter in certified mail, just in case. ( the 30 days deadline)


    1 interesting trick I notice: they said they would send me a check ( they stated US bank had balance reduction and bluh bluh bluh....) I bet, they want me to cash that check so that they can get my bank account number. BUT I WOULD NOT !


    Is there anything You all would recommend me to do at this stage besides the validation of debt , ceased & desist letter?


    Here are the INFO:


    1. Who is the named plaintiff in the suit? Most likely Second Round LP, from Austin Tx ( just got the 1st notice from them)


    2. What is the name of the law firm handling the suit? Don't know yet, because I have not received the Summon


    3. How much are you being sued for? $15,841.75


    4. Who is the original creditor? US Bank ( Second Round, the JDB claimed they purchased)


    5. How do you know you are being sued? Not Yet


    6. How were you served? (Mail, In person, Notice on door) Not Yet


    7. Was the service legal as required by your state? Yes, California


    8. What was your correspondence (if any) with the people suing you before you think you were being sued? This the the first notice I received from them, they claimed they purchased from US Bank 1/31/2012


    9. What state and county do you live in? California, Los Angeles


    10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

    Approx. August/September, 2010


    11. What is the SOL on the debt? 4 years


    12. What is the status of your case? Suit served? Motions filed? So far, I have NOT receieved the Summon yet.


    13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.


    14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Preparing it NOW.


    15. How long do you have to respond to the suit? Lawsuit/Summon Not received Yet, but 30 days to request the VOD.They just sent this notice 5/19/2014.


    16. What evidence did they send with the summons? An affidavit? NOT YET !


    Any Advice, will be deeply appreciated.


    Thank you in advance





  21. Hi Dear All:


    I am back.....allow me to ask a few questions, but one by one...as it comes...


    First: it's about counting the days & "Technical Execution" ...for CCP 96/ 98 and to serve subpeona & motion to exclude evidence right before trial date:


    In california, say it say no more than 45 days BEFORE Trial to send CCP 96 to plaintiff JDB. Ok, so I will do so 44 days prior trial.


    The JDB plaintiff has 20 days ( + 5 days to send thru mail, thus = 25 days) to response my CCP 96 , ie, their CCP 98. So, that's leave me with 19 days BEFORE trial to go to court and get the Subpoenoa form stamped and handed it say Sherriff, to serve the subpeona to plaintiff's witness, right ?....


    And assuming it takes a few more days for the Sheriff to "get back" to me regarding the subpoena, say sheriff has to drop by @ 2nd attempt  because plaintiff 's witness ARE NOT AT THE ADDRESS.


    Now my Question: How do I solve the "running out of time" Issue to serve the Motion to exclude evidence/ limine ??


    To serve the notice regarding a motion, in california, it is 16 days, ie, I would need to notifiy the plaintiff and give 16 days notice ahead of any motion. If it is less than 16 days, the Judge may say insufficient notice, thus, crash my motion, right !?


    But with the most likely case I am talking above, even I get my suboena to the sheriff at 18th day prior trial, no way will I get the reply from sheriff and NOT running out of time ( 16 days notice) RIGHT ??


    AND when should this Motion to exclude evidence be held ? 1 or 2 days before trial ( is it considered the best timing?) Or is this ON at the beginning of the Trial ?


    Or, does this motion to exclude evidence / limine has it's rules/ execution time table ??



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