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J59

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  1. Ryan, please see my response to Shellieh98. String, they did file for them to be deemed admitted. Only thing is they just sent them in the mail. No certificated mail, no verification that I received them, which I didn't. Nothing.
  2. Shellieh98, Trial is tomorrow afternoon. Address for the Portfolio Recovery associates rep is in Virginia. It states the following: "Pursuant to CCP 98 this affiant is available for service of process: c/o Hunt & Henriques, 151 Bernal Road, Suite 8, San Jose, CA 95119, for a reasonable period of time, during the twenty days immediately prior to trial." This address is within 150 miles of the court. So, I could go tomorrow morning serve a subpoena?
  3. I'm being sued by Hunt & Henriques in the the amount of $3,000 for credit card debt. The account was originally with HSBC bank. They supposedly were acquired by Capital One. Capital One then sent this off to Portfolio Recovery Services. PRS then turned this over to H&H. I originally asked them to prove the debt before the lawsuit was filed. They didn't. When they filed their lawsuit, I responded in a timely manner. A pre-trial conference was set and I attended and they did not send any representative. Judge which is this week. I have had a bit of a run of bad luck since the pre-trial conference. Lost job and wife and I separated. Dealing with a bit of a depression and spending time looking for a new job took away from my preparation for this trial. In addition, I've moved out of my house and didn't find out until this last week that H&H had sent a request for admissions and demand for production of documents and interrogatories, then sent another one in response to the fact that I didn't answer the first one. Finally, they sent a declaration of plaintiff in lieu of personal testimony at trial CP 98. Witness location is for an address in Virginia and I'm in California. Wife finally gave me all this information and am just looking at it now. I haven't filed anything and the trial is this week. Just looking for any advice on what I can do. Ask for a continuance? Call H&H try to settle? Or what options I might have going into court since I didn't file anything a head of time and there is no time for me to file anything. Any input would be much appreciated.
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