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About anders75

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  1. @calawyer: Thanks again for your reply. I am talking with a bankruptcy attny early next week. The main problem is this: I have the interest in studying up on law in order to fight this myself, but I don't have a ton of extra time right now since I am trying to finish up a dissertation (grad school, by the way, is what got me into this financial mess in the first place). My wife is finishing hers as well--we are slammed right now. I try to work on this on my extra time, and have done pretty well so far, but there's so much more to learn and that court date is rapidly approaching. My wife a
  2. Hi Calawyer, Thanks so much for your response. You're right--the declaration says that the person named "is available for service of process through an agent of his/her counsel at the following address: ABC Riverside." I appreciate your help, and pointing me toward Target vs Rocha. I have definitely learned a lot from this forum, and I already consider it a success because I learned how to avoid getting an automatic default judgement by properly responding to the initial suit when I was first served. I'm really glad I found this site. At this point, my wife and I are considering filin
  3. Thanks Clydesmom, You're definitely right that I need to study more. I'll admit, all the terms and procedures get confusing. Do you have any advice about dealing with the affiant? In this case, would you recommend trying to subpoena or CCP 98 to get this person to show up to court? Also, in terms of filing a motion to strike evidence as hearsay, does this happen in the actual court proceeding or is this something I can send as a document as well? I know I have a lot to learn. The court date is in the middle of next month so I need to learn as much as possible. Thanks again for your
  4. Hello all, My court date with FIA Card Services is coming up next month. I recently received a "Declaration of Plaintiff in Lieu of Personal Testimony at Trial," which was signed by a person who works for a process server. This person claims to have "personal knowledge of plaintiff's procedures for creating and maintaining these records." Exhibit A in the document includes a few monthly statements from 2012 with Bank of America. I just read through this: So it sounds like I should make a motion to strike this evi
  5. Thank you Spikey. I am sending the docs today but was worried that the RFA is past the deadline. You're right that I need to pay close attention to all these deadlines. I did send the original Answer on time, and I appeared in court for the "settlement hearing." The lawyer for the other side seemed shocked that I was actually there, and kept asking me if I would be interested in settling (he even talked over the judge, which she did not appreciate). The law firm sent me a cover letter witht the RFA, Interrogatories, and Demand for Production. I have all these in order but am not sure if
  6. Hi, I received a letter about a month ago from the law firm that is suing me. The cover letter asked for all documents within 35 days. I had everything ready and planned to mail today, but I just realized that the deadline for the RFA was 30 days not 35. It's a detail that I missed. I saw the 35 day deadline on the cover letter and wrote that down in my calendar. What can I do next? Does missing the RFA mean it's an automatic admission? Is there any way to ask for an extension?? Thanks in advance.
  7. Thanks for the replies. I realize my case is a bit more complex because it's a dispute with an OC. Shellieh98: I have not sent a demand for a bill of particulars. I will do that. Do I need to send a copy of this demand to the court, just as I did with the first request for production? Skippy1960: Do you have any suggestions for reading up about the evidence requirements for a case based upon account stated? I have read up a bit about challenging live testimony and affidavits, but clearly I need to read more. It's good to know that nothing they have sent is evidence until it's actually
  8. Here are all the required questions (sorry for posting this late): 1. Who is the named plaintiff in the suit? FIA Card Services. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rather not say. 3. How much are you being sued for? More than 10k 4. Who is the original creditor? (if not the Plaintiff) Bank of America? 5. How do you know you are being sued? (You were served, right?) Yes, served. 6. How were you served? (Mail, In person, Notice on door) Mail. 7. Was the service legal as required by your state? Yes, I believe so. 8. What
  9. I was recently sued by FIA Card Services for credit card debt. The Cause of Action/Common counts alleged a debt owed within the past four years, "because an account was stated in writing by and between plaintiff and defendent in which it was agreed that defendent was indebted to plaintiff." The common counts also states that defendent owes plaintiff "for money lent by plaintiff to defendent at defendent's request" and "for money paid, laid out, and expended to or for defendent at defendent's special insistence and request." I responded with an Answer, a request for validation, and a reques