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Scaredgirl619 last won the day on May 30 2018

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  1. Server....My case was dismissed!!! Thanks๐Ÿ˜Š๐Ÿ˜Š๐Ÿ˜Š๐Ÿ˜Š
  2. PRA VS ME DISSMISAL W/O PREJUDICE CALIFORNIA I got there 25 minutes before trial was commencing, no one was in the waiting room. The PLAINTIFF rent-a-lawyer came in 3 minutes before the start of trial and just said my name and said today is your lucky day case has been dismissed. You are free to go to the beach. So he continue to say you may go now, I just said I want to wait for the Judge to be excused, that would be disrespectful not to kindly wait for the Judge. The rent-a-lawyer started making small talk like "you really had the credit is card huh? I responded, well guess why I'm here ready for trial and your client is not. That is a big hint-hint". The rent a lawyer continue with a small talk, till someone came out and said my name and his and ask to go in. Then inside he ask me to sign a yellow paper where it had "Sign in" plaintiff and defendant, which he notice I was hesitant to it do so. Finally I signed it, and the Judge came in and he said that the case was dismissed w/out prejudice and NOW THE JUDGE SAID I WAS free to go and Congratulations. That's was it. Thinking about it I don't know why I signed the paperwork for the rent a lawyer, but I made sure it didn't have any other information, it just contained our names, time and date of trial, he crossed out the H&H lawyers name and put his name. Judge asked him if he was dissmissing other cases "today" and he awnserd "only one dismissal today". Lawyer stayed to continue with the list of cases for that day. Then judge ask him to stay, and judge said to me I was free to go, and Congratulations again. @sadinca Special thanks to you for all your help, for all your advice, for your patience and for all your prompt responses.Words can neither qualify nor quantify how helpful your guidance and advice has been. I am forever grateful for your support! @sadinca @calawyer @Seadragon @RyanEX Thank you to all members of this forum, because with all their threads I was able to understand how this process was evolving. BLESSINGS TO ALL๐Ÿ’—๐Ÿ’—๐Ÿ’—๐Ÿ’— You guys inspired me during difficult times when I needed words of encouragement. You guys are true blessings!!!! Thanks for all your support and advice.
  3. I served PLAINTIFF witness with a subpoena and I try to file it at court. Today I received this notice. Plaintiff had served me with ccp 98 testimony in lieu for this witness. I served a subpoena for plsintiff witness and after being served i took it to the court to get it filed. The court returned the subpoena with the attached letter... I served a ccp 96 but they never responded. Will PLAINTIFF be able to use the Declaration in lieu of testimony of this witness during trial or any other evidence learned in discovery? I'm so nervous since I have court in 2 days๐Ÿ˜ฃ๐Ÿ˜ฃ๐Ÿ˜ฃ๐Ÿ˜ฃ PLAINTIFF called today offering 50% off the debt as settlement, but I answer the only settlement I will accept is a DISMISSAL. They said they will talk to their client and get back to me... @sadinca
  4. no, but I was finally able to get at least the POS. Late but I got it. My trial is next week, so now I'm working on my Trial briefs which @sadinca has been an angel sent from above! @RyanEXby any chance to do you know when I have to file and serve the Trial Briefs in SD?......Thank you in advance for your assistance in this matter
  6. To whom ever can help me with some questions.... 1. I got a subpoena served by the process server on the first try, when i specifically said (verbally and written-email) to try a personal service 2x to the person (witness) and to leave it in c\o to the address and business she gave (where she was going to be available 20 days prior to the trial). i ask for a affidavit statement of whom the subpoena was served and they just don't provide anything. They just provided the POS and mail the original POS (they say) but nave not received it. I'm writing the objections to the ccp 98 and i don't know how to word to whom the subpoena left with, i just know it was left at the office where she claimed she was available....should i keep insisting in getting the due diligence statement? They are not the most friendly people and any questions I asked after they received payment was with a very short response almost annoyed by me asking xxxxxxx of xxxxxxxxxxxx, process server, COMPLETED service of said Subpoena on xxxxxxxxx, at the office of xxxxxxxx, located atxxxxxxxxx. xxxxxxxx was not available for personal service or process at this address. In a good faith attempt to have the subpoena reach Plaintiffโ€™s witness [DECLARANTโ€™S NAME], the Subpoena was left with a [WHOMEVER THE SUBPOENA WAS LEFT WITH], [JOB TITLE] at [NAME OF OFFICE] Executed at [STREET ADDRESS], [STATE] on [XXXX XX, XXXX]. my address and the date when I file to court, right?
  7. CCP 96: (a) Any party may serve on any other party a request in substantially the following form: TO: ___________________________________________ , attorney for ___________________________________: You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents are not available to you, a description of them. Witnesses and evidence that will be used only for impeachment need not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW. ( The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered. ยฉ A statement responding to the request shall be served within 20 days from the service of the request. (d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion. (e) No request or statement served under this section shall be filed, unless otherwise ordered. (f) The clerk shall furnish forms for requests under this rule. (g) The time for performing acts required under this section shall be computed as provided by law, including Section 1013. Ccp 96 request and Disc-015 is sent with POF? I don't need to file at court, right?...must be in pleading paper? I must send it 35 days if mailed? what other information do I need to add on the pleading paper? thanks for all the help given!!!
  8. I thank all of you for all your help! I have been out if the country for several months and I just came back. Well I came back to find that I have court on May 18th. That's 40 days away!!! ๐Ÿ˜๐Ÿ˜ 1.....I never sent out the Discovery.....i only did the BOP. 2......I received a packet on Friday where they sent a bill of sale (Bill of sale does not contain my name or account #). Packet contains a DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL CCP SS 98.......Please see attached photos... 3....I know I'm very late, but what can I do at this stage?....Would it be better to make an payment arrangement than losing in court and maybe paying more? 4.....for exhibit A they attached 11 months of original credit card statements... Again thanks for all help given here, many blessings to you all!! ๐Ÿ˜Š๐Ÿ˜Š๐Ÿ˜Š๐Ÿ˜Š
  9. Good afternoon, I have been out of the country for 1.5 months and won't return till the last week of December and I just saw online that I have court for Civil Case Management Conference scheduled for November 17th. What will happen if I don't show up, I have some issues that make it tough to go back....do I have any options here, I feel so bad that I forgot about this case ๐Ÿ˜“๐Ÿ˜”๐Ÿ˜ข๐Ÿ˜ญ Thanks again for all the help....Bless you all!!!!
  10. I'm currently working on the request of Discovery for plaintiff....I might be a little late but I had some issues...I will try to finish them by monday, thanks again for y'all help, it's greatly appreciated. today I checked to see any changes in my case and it had "case reassigned from c-07 to c-27 effective date 09/23/2017....notice of case reasingnment SD????....That means that local PRA partner/branch will take over, right???? Is it too bad??? :/ Thank you and have a blessed day...
  11. Thank you Calawyer!!! I did how Sadinca advise and change the information for each request, but I was a bit confused since PRA were requesting for "Verified". I will not file anything at court!!! Thanks again have a blessed day
  12. For the request of Production of Documents the Plaintiff is requesting that this documents must be verified, dated and signed, its contradicting because on the Request for Admissions form DISC-020 it states it must be "given under oath".......verified means have to sign in front of a notary right? For the interrogatories the Plaintiff request to answer the questions under oath....Not verified, that means just signed by me with no public notary presence right??? Plaintiff gets a set of copies sign by me (originals) and a copy of the POS???? Do i file all copies to the court or Just the POS??? thanks for all the help again!!!
  13. My affirmative defenses (probably wrong): Lack of Standing. Lack of standing is a powerful defense to use. It basically means that a debt collector has no legal basis for filing a suit. No legal basis means that there is no clear ownership of the debt or legal assignment of a debt to a debt collector. This can occur when there is no clear paper trail (a.k.a. chain of custody) in the sale or assignment of a debt from the original creditor to the debt collector. Failure to State a Claim Upon Which Relief May be Granted. Complaint failed to state the basis of the claim. In general, listing the facts of the case is enough for basis of claim. Use this if the Plaintiff merely says you owe the money and not much else. Statute of frauds: No contract exists as proof. Failure of Consideration: No exchange of money or goods occurred between the plaintiff and the defendant. Lack of Privity: No relationship exists between the collection agency and you. Never signed a contract or agreement with the collection agencyโ€ฆ Unclean Hands. If the Plaintiff is giving falsified evidence or producing false witnesses, definitely invoke this defense????? Not sure about this one, on the statements the last 4 months donโ€™t seem right. It shows large amounts of payments which is unusual given the other 7 look more logical. Also the fees seem โ€œalteredโ€ there are not consistent with the previous months. LAST REQUEST I NEED HELP WITH!!!!! RESPONSE TO REQUEST FOR PRODUCTION NUMBER 4: Any and all documents supporting the affirmative defense alleged by you in this action. RESPONSE 1: Defendant asserted a General Denial as is allowed by California Rule of Civil Procedure ยง431.30(a)(d). Discovery is ongoing at time of answer, Defendants defense to the claims are not yet known and currently there are no documents. Discovery is ongoing and Defendant reserves the right to supplement these responses. RESPONSE 2: AFFIRMATIVE DEFENSES ABOVE WITH NO DOCUMENTS... Thanks to all for their help its greatly appreciated!!!
  14. Thank you very much again....I was way off with my answers hahaha, I would've made a huge impression of the plaintiff!!!
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