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About blackhawker

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  1. Thanks for all of your help on this guys! I just wanted to log a quick update on this case for others who may be dealing with Discover. So...they did, in fact, bring a witness and the judge gave us time to discuss a settlement. The lawyer informed me that they were willing to settle for a lesser amount and would accept a payment plan. I, then, informed him that if "she wasn't truly Yvette Benner, that I would surely object to the witness." He assured me that she was definitely the witness listed and that we could proceed if I wanted to. Ultimately, I caved, and settled for a lesser amount. After we agreed upon the amount, I overheard their conversation about how many airline miles she's racked up this year through Discover and that she needs to only use one airline for the rest of the year to get a certain status with that airline. I figured that she's a professional "Witness," and that is probably all she does. All I have to say is that they were definitely ready "with a Witness". I can't confirm if it was truly her, but I didn't want to take the chance with having a judgment on my record, so I threw in the towel. No harm, no foul. At least I was able to push it off for a year until I was in a better position to pay, but for anyone thinking they won't bring a witness from the Original Creditor...think again. Discover is NOT PLAYING.
  2. Yes, I was just abbreviating for Yvette Benner because I didn't want to include too much information. I searched everywhere for her and there seems to only be a LinkedIn account with no picture and only 5 connections. It looks like a "shell" account that they created to try and fool people into believing she is real. We'll see next week!
  3. Also, in the evidence list, they included "Exhibit C: Proof of Service of Summons and Complaint." There was a Declaration of Due Diligence included where the process server completely falsified the information that the documents were left with "JOHN DOE (actually written in the Proof of Service of Summons), Co-Resident, who tried to refuse service, a white male approx 45-55 years of age, 5'10" - 6' 0" tall weighing 180-200 lbs with brown hair." What really happened was that I received the summons on my doorstep. When my roommate got home I asked him if someone had tried to serve me papers through him in the past few days and he said that he had not spoken to anyone about a summons for me. Are they really allowed to simply put "JOHN DOE" as the person they left it with and just leave it on the doorstep? They checked the box stating that "I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct." It seems that there could be a little perjury going on here. Would I be able to have the case dismissed based on this falsified information or appeal the judgement, if ultimately, I were to lose?
  4. Hi Everyone! I am about a week and a half away from the trial date and I just received a response to my CCP 96 request for witness and evidence list. In it, they state that the plan to call "Y. B., Custodian of Records for Discover Bank, OR another available custodian of records, employed by Discover Products, INC." Then they list an address in OH. The documentation intended to be offered into evidence at the time of trial is: Exhibit A: Conformed Summons and Complaint Exhibit B: Notice of Trial Exhibit C: Proof of Service of Summons and Complaint Exhibit D: Answer Exhibit E: Cardmember Agreement Exhibit F: Billing Statements Exhibit G: Affidavit (signed by Y. B., and notarized) What should my next step be? Should I keep moving forward and subpoena the Custodian of Records? Also, are they able to simply bring ANY Custodian of Records, even if they are not listed as a witness in the Plaintiff's Witness and Evidence List? Your help is much appreciated! Blackhawker
  5. Thanks for all of the responses guys! Yes, sadinca & Anon Amos, there is a court trial date scheduled for 08/03/2017 so I have a little less than 2 months. I didn't do any Discovery because I was expecting them to send a declaration in lieu of live testimony, but I never received one. Is it too late to send them the witness and evidence request form and, if not, where would I get that form? Also, what would be additional steps to take because I want to make sure I get everything done over the weekend so I can start preparing for a trial if need be.
  6. 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Suttell, Hammer & White 3. How much are you being sued for? $8, xxx 4. Who is the original creditor? (if not the Plaintiff) Discover Card 5. How do you know you are being sued? (You were served, right?) I was served papers on 06/28/2016, through the mail, but never received Proof of Service. 6. How were you served? (Mail, In person, Notice on door) Left on my doorstep and then a copy in the mail. 7. Was the service legal as required by your state? Doesn't seem so, but I guess CA allows this type of service. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I got a few letters from the law firm requesting payment, but I never responded in writing or by phone. 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 02/23/2016 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Court Dated Scheduled for 08/03/2017. 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. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I responded within 30 days. COMMON COUNTS: Open Book Account & Account Stated. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, but I requested the BOP and they sent me a response "Verified" by the Team Leader for Discover Products along with statements from the past 6 years & the Cardmember Agreement. After researching several cases, I see that it is virtually impossible to win this type of case against Discover since they are the OC, so what should be my next step? Considering that I don't have enough of a lump sum to offer at the moment and only 2 months until my court date, would I still be able to pursue arbitration to allow me more time or should I communicate directly with the Law Firm to discuss settlement options? I would really like to avoid a judgement. Any help would be much appreciated. Blackhawker