blackhawker

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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 amoun
  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
  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
  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