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YOLO YOLO's Achievements

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  1. Hi, my trial is schedule for December 2nd in Norwalk, CA. My Trial Brief is ready to go. Does anybody know if I can mail it to the court or I have to file it in person? Can it be done on-line? Is there a frame time when I MUST do it? When should I send a copy of it to the Plaintiff (Law Firm JDB). Thank you
  2. Money demanded by who? By the original creditor back in 2014? If the Junk collector supposed to demand for payment before they filed the case they never did. I never talked to them over the phone. EVER. One day, somebody showed up in my front door and served me with the suit. When should I have disputed the debt? Sorry to bother you with so many questions.
  3. When? After you are sued is too late. I denied to the debt on my Answer.
  4. Well, I denied the debt was mine based on the documents they provided so I did not agree to pay or promise to pay. Card statements didn't show I made any payments nor that I made any purchases. Plan A will be fighting the unauthenticated documents they provided and the bogus Bill of Sale and made up attachments in blank paper (prepared for litigation purpose....). I doubt anybody from the OC will show up as a witness but I'll be prepared for that. I know what to ask and what not to ask. I am not worry about the Junk Collector own witness. I read that they could drop the Money Lent action. If they do it during trial, can I turn in a Motion to Limine and ask the judge to dismiss the case because they failed to comply with discovery when I requested the full account under Money Lent? Just because the cause is dropped now doesn't mean that what they did during discovery was correct. Right? Exploring into the Money Lent cause is something extra that I was considering, not my main defense. ONE MORE THING. Can you explain to me how the "FIRST-HAND KNOWLEDGE" apply? The expert witness does not need to have first hand knowledge of the account or they do? Thanks for your info.
  5. YES. 1) Account Stated. 2) Money Lent. California case. Under $8000 debt. Plaintiff is a Junk Debt Collector not the OC. I was specific on my Bill of Particulars request and asked for the whole accounting (zero to charge-off). They ignored me and claimed that under Account Stated they dont have too. Not a single word about Money Lent. Thank you.
  6. Its OK if you dont know about Money Lent either. That was my question for the forum. Thanks for your comment.
  7. Hi, anybody in the forum with knowledge about "Money Lent" cause of action? Is it true that Plaintiff is required by law to provided a full and detail account of the debt from Zero to Charged-Off ?. When I requested the Bill of Particulars they replied with a BS attorney-client privilege objection and said that under Account Stated they are not required to provided "nothing more....", but they ignored the fact that they also sued me for Money Lent. The charged off total is around $8000 but over $6000 is not accounted for. The oldest card statements already showed a previous balance of $6000. I am wondering if they MUST provide an accounting of the full amount "owed" since they sued for 'MONEY LENT" too. IS THAT TRUE? Part of my defense will be Plaintiff failing to provide "complete" copy of the Bill of Particulars and attacking the Bill of Sale and Assignment and the Mickie mouse Word and Excel attachments. No document has been authenticated by the Original Creditor. THANK YOU.
  8. Exactly!!!! I am playing on using this at trial if the Junk Collector brings in witnesses to authenticate their junk. CCP 96 reply stated they will bring in a: 1) Record custodian from the Plaintiff. (Address of the California Law offices. The guy resides in Ohio) 2) The vise president of a major Bank. ( Address in South Dakota). 3) Me. Any tips for me?
  9. Hi,  CALayer, I finally got the response to my CCP 96.


    Here’s the reply by the Debt Collector:


    Please hereby respectfully submits its Trial Witnesses as follows:


    1.   1.   John Doe, the Trial Specialist for Unifund CCR, LLC who can be reached by and through the Attorney’s of Records … (address of the law offices Fullerton, CA) phone# too.


    2.   2. John Doe #2. Vice President for Citibank (Address in South Dakota of course)


    3.    3.  Plaintiff intends on calling the name Defendant for testimony. (ME)



    I never received a CCP 98 from the Plaintiff. (COURT DATE IS IN 2 WEEKS)


    Is the debt collector really going to bring the Vice president of Citibank to California?


    What do you think I should do next?

    Thank you

  10. Dont know yet. I am waiting for the CCP 98 docs. I dont think the Junk Collector will be silly enough to name as their Affiant an employee from the Plaintiff.... Right?
  11. What about if the affidavit is signed by somebody claimed to be a Document Record Controller by the OC. Should I file a Subpoena for the employment record and resume of the Affiant to find any discrepancies on the resume? Should I try to do that? How do I file such a subpoena? I dont want to base all my hope/defense on the affiant not showing up at trial to authenticate the debt.
  12. Hi, Did you send the CCP 96? Did you subpoena the witness? Did she/he show up at trial? Thanks.
  13. Report post Posted 11 hours ago Hi, the 45 days mark for my case is around the corner so its almost time for the CCP 96. Right now, all I have to do is fill out the DISC-015 and the proof of mailing and take it to the court's clerk, RIGH? (California case). 1) Anybody knows how much is the filling fee for the DISC-015? 2) If 20 days later....the Junk Collector gives me a name and an address of his/her witness but the person is an employee of the Plaintiff (Not an OC record keeper), Do I still need to subpoena him/her? 3) If the witness is somebody located in South Dakota... Do I need to subpoena her/him? Thank you for all your help.
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