collectionfighter

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About collectionfighter

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  1. I have an investment account, in which the assets are forex and on margin (collateral for a loan). Can these investment assets be garnished?
  2. Heads-up, be prepared that JDB will bring a witness. They know defendants will object their CCP98 so they counter-fight now. And it happens a lot lately, according to a consumer debt attorney. my case was in Orange county and the judge overruled all objections, and admitted everything including the non-complying CCP 98, a live witness testimony (not the same person on the CCP98), incomplete Bill of Sale, non-complying Affidavit. The judge also admitted my proof of address which showed I didn't live at the address on the credit card statements. Despite my proof of address, he still ruled
  3. My case was very similar to SeaDragon's case. I was a pro se all the way to the last 2 wks before trial. Everything was going as planned, except that I learned that JDB would bring a witness due to the fact that they had lost ground on the CCP98 so much lately. I decided to hire a competent lawyer to represent me in trial because I thought I would be nervous to cross examine the witness. On trial date, JDB brought a witness, not the same person on CCP98. My lawyer objected both the CCP 98 and the witness at trial. Unfortunately, the judge said he didn't agree with Target v. Rocha decision
  4. A California Consumer Defense Attorney said that most credit card companies incorporated in Delaware for a reason: This state doesn't have a cap limits for the interest rates charged on credit cards, so the credit card business is more profitable there. However, Delaware has 3 years Statute of Limitations. Often, the credit card Agreement has a "Choice of State Laws" provision, in which the credit card company would chose Delaware as the choice of state laws so that they can charge whatever interest rate they want. So, if a California consumer is sued by a credit card company that is inc
  5. ADMISSIONS; 1. NAME had a credit account number 1111111111. Deny. 2. Credit account number 1111111111 was issued to NAME by CHASE Objection. I cannot deny or admit an act done by CHASE, which I did not have knowledge of. 3. NAME received periodic statements regarding credit account number 1111111111 issued by CHASE Deny. 4. As of on or about FILING DATE, the balance owed by NAME the credit account number 1111111111was $10K. Deny 5. NAME has not made any payments on credit account number 1111111111 since FILING DATE Objection. This Request
  6. Interrogatory No. 1: Did you ever submit a request for a credit account to CHASE? Answer: Objection. This request is too broad and unclear. It lacks specificity to which credit account or type of credit requested. Interrogatory No. 2: Did CHASE issue a credit account number 1111111111 in your name? Answer: Objection. I do not have knowledge of what CHASE did/does. Interrogatory No. 3: State the approximate date you open THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUNT shall mean credit account issued to you by CHASE account number 11111111111
  7. Hello all the great helpful members, Interrogatories and Admissions are due by tomorrow. I have them completed but I thought I should have them double-checked by the knowledgeable members here first. A little back ground of my situation: the credit card account has both my name and my brother's name as joint holders. this account is 14 yrs old so OC/JDB doesn't have the initial credit application. This credit card was used and monthly payments were made by my brother ONLY. I never used it or made any payments. BUT I AMTHE ONLY PERSON SUED BY PRA. For additional details, my initial
  8. Thank you so much for your response. I started a thread last week here http://www.creditinfocenter.com/community/topic/322811-need-help-dealing-with-hunt-and-henriques/#entry1281529 The Declaration provided 2 addresses. One was Plaintiff's address which is in VA. The other one is ABC Legal Services which is few miles from the court house. I have learned a lot in this forum and I am doing exactly what the members here advised me. Court date is 37 days away (mid March), so I can't subpoena the witness yet. At this point I am trying to go through line by line of the Declaration ccp9
  9. Thank you for the clarification. So, I can object the Affidavit of Sale right? It was notarized in FL but it didn't have the penalty under perjury statement
  10. The Declaration itself swear under penalty of perjury under the law of the State of CA. It wasn't notarized and didn't disclose the location of execution. As for the Affidavit of Sale (an exhibit to the Declaration) , it was notarized in Florida, but there was no language sworn under penalty of perjury, at all. not even in general penalty of perjury.
  11. According to legal dictionary, in order for the declaration/affidavit to be legally effective, it has to be under oath administered by a notary or authorized officer. The Declaration filed by JDB wasn't notarized and I am objecting it in my motion in limine, but I am not sure what case law/California Code/Federal code I should cite for my argument? Please help
  12. BTW, I am not due to respond their discovery for another 2 weeks. they propounded their discovery even later than me.
  13. Yes, I have, but all they sent were the same stuff as in the Declaration in Lieu of Live Testimony. they gave me same stuff over and over, which are 12 months worth of the statements (fax copies only) and some bs bill of sale and affidavit