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Everything posted by browniebrownie141

  1. @Shellieh98: I think what you are asking ...did they authenicate those evidence? I don't know that answer ? But I would think they easy for them to have someone sign it and make that declaration. Also, I know plaintiff has a branch office located less than 150 miles from the Chatsworth Court, where a lots of debt collection case are put on trial in Los Angeles. Would you please take a look at this piece to see if it fits the description ?
  2. NOW- the Supplemental DIscovery response JDB submitted, the one trying to kill my MSJ: ( actually from Question 16-35)- I mis-stated earlier as 1-35. My Bad--Sorry. They are exactly the same cookies cutter...16-35 same ...
  3. Plaintiff 's orginal repsonse to my Request for Admission ( please note, just less than 10 days, they sent supplemental Discovry response as trying to supercede the orginal response and trying to kill my MSJ (hearing scheduled next Jan, 2014)
  4. @Shellieh98: I see....and Thank you. Would you all, Gentlemen / Ladies, please comment on the 4 evidence(s) so far...( 3 listed above photo + old account statement), ....REASONS TO EXCLUDE ? ( in preparation for CCP 96/98/ & 1987?) Also, how do I do a better job of defending myself ?...."preponderance of evidance".... Million thanks
  5. @Shellieh98: What about the fact that they simply sent me old account statement instead of answering all questions listed in Demand Bill Of Particular? Although my 1st attempt was denied due to my stupid mistake. I can't re-do the motion, do I? If you were me, besides start reading the posting you recommend, CCP 96, 98 and 1987, rules of evidence-difference between admissable / inadmissable...what else I can do ? What else should I do ?? Should I also link this posting in "lawyer in the house" section ? Sincerely,
  6. First of all, I could say thank you enough to you all, I truly appreciate it ....I mean it.... -I agree with you with BV80, I believe they are lying about having the copy of credit application from OC, unless, the HSBC mastercard acceptance is what they are referring to—as the credit application. They also sent a supplemental response to supercede their old Discovery (basically all 35 answers saying the same thing-they now obtained the new evidence, ie credit application.) They did this to kill my MSJ, the hearing date which is coming Jan, 2014, ie, with new evidence= still has trial-able issue = MSJ dead on arrival. This is one of the reason I am searching for a way to kill their “new evidence”, thus, my MSJ may be back on track to KILL their case, otherwise, it going to toilet !! They did not submitted any evidence nor any affidavit at the time when they sent in their complaint, or should I say, from the summon that I received, I don’t see it. Perhaps anyone can tell me how do I confirm this is the case ( JUST to make sure, they did’nt send me that but submitted to the Court !!) The trial date is set next November of 2014. The HSBC letter –closing the account due to inactivity, was actually for my another HSBC account, which was the same OC. I bring this up, because the Bill of Sale they say, for the alleged credit account, does not reference to my name / nor account #. Although the HSBC mastercard acceptance has my personal info, it does not reference to the alleged account #. So, I am trying to use the HSBC closing acct/inactivity to kick them,…"are the evidence you have, really for the alleged account? Because I had another HSBC account", so the info they have becomes inconclusive, partial….and create a reasonable doubt ! I honestly do not know how they will authenticate the evidence, my best guest is like I said, get someone who says blah blah blah, sign it, becomes a affidavit. I am also very worry that they would, by the time close to trial date, they then submit bunch of affidavit, then, as I am the “debt collection 101” guy, how the world I can handle , say 10, 15 funny affidavit(s) especially when there is so little time ?? I used all my 35 discovery question earlier on. That’s the reason I used Demand for Bill of Particular trying to get it, my plan was, if they refuse, then I would motion to prelude, that I did, but my stuipid mistakes…..Awwh, motion denied. So, from this point, how do I get them to provide the copy of credit application? Should I send Meet & Confer, stating their supplemental Discovery they sent me earlier did not enclosed that, therefore I am asking? If they refuse, or lying /saying they already did? What to do/How to do ? Besides, I believe I need to “bring it up” and saying to them they did not send the copy of OC’s application, otherwise, they will say “defendant did not make that statement about it”…right ! Right now, I want to get them provide me with the copy of the application they claim they have now. How do I do that? Originally I was thinking Motion to compel, but Calendar dept don’t have any date available before my MSJ hearing date….. Anyone in California tell me….Under this situation, because I have a MSJ, do I qualify for Ex Parte motion filing requirement? Can I use Ex Parte motion to focus them produce the application OR kick that evidence out if they refuse to provide ? Also, the fact that they only sent bunch of old account state as a substitute for answering the Demand of Bill of Particular, is there anything I can do ? Shellieh98, you are right, I need to read the posting, just that my heart is now, trying to save my MSJ and how to kick that copy of application if they refuse to provide…I need to know HOW ….. Apart from this, Shellieh98 I know you are always correct and have kind heart,….don’t abandon me !! I mean it. Tell Me step by step,…what I need to do now ! I can say thank you enough to you all, AND if anyone of you live in Los Angeles, let me know, California experience is deep needed here. Sincerely
  7. Gentelmen/ Ladies, First background info: Los Angeles, California/ Superior Court of Calif amount less tahn $5K Common Count Denial + 3 affirmative defense: Lack of privity/ failure to state casue of action/ failure to mitigate damages. Here are the evidence providec by JDB, someone asked me how did they authenicate evidence, I do not know the answer. But as suggested by someone, it may be easy for the JDB just have someone declare and sign they have personal knowledge of this , thus a affidavit. 1. Bill of Sale/ Assignment ( half page, does not reference to my name nor account #) 2. computer data printout page ( less than half page, printed some of my info BUT BOTTOM SAYS CLEARLY, by JDB's.) 3. old account statement ( for about 13 months- show no activity after account defaulted, so only balance) 4. HSBC mastercard acceptance ( this one is what I worry the most, because it has hand written info, just received less than 10 days ago) 5. They claim they now have a copy of application from OC, but they DID NOT send to me. Earlier on, I sent a demand of Billof particular to plaintiff, but they me by just sending the #3( old statment without answer any questions), SO i turned in the motion to excldue evidence, but made stupid mistakes, sent it thru fax, and sent it before deadline they should reply the BOP. As a result, the motion was denied. The Judge said it should be a another motion, but this one, because I made mistake in step/ rules..... From this point now: ( Can I try to exclude now instead of waiting until "right before trial using CCP 96, 98 & 1987, too much pressure & perhaps too little time for me as a debt fighter "101" student, can I try to kick as I go?) Now: HOW DO I EXCLUDE the JDB's evidence ? AND HOW DO I GET THE COPY OF APPLICATION see above #5 from JDB? Difficulty: Motion Calender Dept is so overcrowded that any motion date available is 2 months away. Judge also vacate the original set trial set and moved to end of next year, stating that default judgement date is no longer good. I am still studying the CCP 96, 98, 1987.....very confusing... Separately, I have a letter from OC, I had another card with them, but was closed due to inactivity, no $ was owe. I am trying to use this letter to COUNTER against their evidence, kind of creating a reasonable doubt, as their evidence either do not reference to my name and account#, OR they reference to my name, but not the alleged account # on the same evidence. SEE THE LAST IMAGE Thank YOU
  8. @Clydesmom: You pointed out a very very interesting yet very very technical skill here, ie "how to defend a case they can be made to show legal standing to sue if done properly under the rules of evidence" Honestly speaking,...I realized not only "what I need to know" is important, but how to "do it " is very important, which sometimes, I found, that's what's lacking.... Having said that....can you jump in & teach me a little? Can't say thank you enough,....
  9. @ArtVandelay: Yes, I am searching it right now,....going thru pages & pages of the link you provided, leave messages and keep going, so far I spoke with 5, gave them my case # and have them look it up before getting back to me....and keep going...
  10. While I am now searching for FDCPA attorney...I just had a meet & confer with JDB's attorney, The case was first filed at small claim court, they moved to Federal court, and filed motion to dismiss, Judge granted with leave to amend the complaint, I did the 1st amend about 1 week ago. The Judge further wants meet & confer ( must be log and record details) if JDB wants to dismiss the case again, otherwise any motions will be denied. JDB 's attorney raised a few issues on my 1st amend complaint. 1. They do not want to give me permission to amend the complaint, they want me to drop it. 2. they say, JDB is not a debt colector, under FDCPA. The other attorney office that was doing the collection, is a debt collecor. And they said, I did not name the other attorney as defendant. 3. they say, I did not state I am a consumer, under the FDCPA rules. 4. they say, on the 1692g, their client is not required to show proof of mail delivery. Just they stated they sent, and is good enough. 5. they say, on 1692c, that they claim their client has legal standing to report negative tradeline even when they do not have proof to showing their legal standing, even when there is existing debt collection lawsuit going. Gentlemen/ Ladies, any comment please,....
  11. @ calawyer: 1 more question: how and what are the legal requirement in order to authenicate a evidence ? Million thanks !!
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