YOLO YOLO

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?

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?

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.

Thank you RyanEX I get it know.

Hi, Did you send the CCP 96? Did you subpoena the witness? Did she/he show up at trial? Thanks.

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.

Hi, the 45 days mark 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.

Ohhh. How did they got my cel phone #? If I ignore them, will they try to contact me in writing? Should I answer them next time they call to find out what they want? I don't want to say anything that could be used against me in court. I don't want to settle unless it is for a ridiculous low amount. I doubt they will offer something like that now because the hearing is in 6 months. I am mentaly prepare to fight my case in court. Thanks to you and other members here I prepared my responses to discovery and I am working on my CCP98. I will subpoena whoever they try to bring to court.

Hi, today I received a phone called (They left a message since I didn't answer my cellphone ) from a law firm (Debt Collector). The message says that they are a Debt Collector and they are trying to collect a debt from me. The debt collector already filed a law suit against me. We finished discovery and there is a court date scheduled for February 2020. Is it against the law for them to contact me over the phone to try to collect the debt is there is a pending case in court? Should I send them a cease and desist letter or file a complain somewhere? I don't know where they got my private cellphone number. Thank you

Hi, I doubt they will answer to your discovery request and if they do, it will be objecting to pretty much everything with blah, blah, blah vague answers worth nothing. They will reply with a (copy and paste) from other cases they have, (it will take them 5 minutes to answer your discovery). They never answered mine and its over 40 days now. Concerning the 45 days to file the CCP 96, I've seen an example online using a calendar showing you how to do the counting. I believe needs to be sent within 45 days so if you are not sure, send it closer to the 40 days mark rather than 45 in case you miscount. I believe you can win the case if you fight. CCP96 and subpoena their witnesses.

I was sued by Winn too. They do not answer to discovery request. (Jerks). Don't forget about the frame time to file the CCP 96. Somebody lost the case against them for filling 2-3 days too soon. Please update what you do. My court date is in early 2020. Good luck.

On my case, 1 Account Stated and 2 Money Lent I asked for the BOL and I got nothing. Plaintiff objected based on Attorney/Client confidentiality and ... Plaintiff is only required to produce an itemization of he account within the pleading indicating what accounts are subject on the lawsuit. Plaintiff is continuing to search its records for documents that are responsive to this demand... All they sent are the same monthly card statements that were attached to the original summons. 10 Days later I sent a M&C letter given them 10 more days to comply with the BOL and I got the same ( copy and paste) objection and no new documents. While I answered to the Plaintiff's Discovery set, I sent my own discovery request to them 30 days ago. So far no answer. What happens if they do not answer to my discovery set?

Hi, did they answer to the M&C letter what you sent without threatening to file a MTC?. I am in the same situation.

WOW, interesting. I can't believe she "lost" because the filed the CCP 96 3 days too early. BUMP. Also she didn't want to settle for 2K on a $19,000 debt. (I understand. she wanted o win.) I think they will try to bring witnesses for my cases. I will make sure I file the CCP96 within 45 days. Question one. Is the CMC required, when it is scheduled and by who (Plaintiff, Defendant/Judge? Question two. If I mess up along he way and I have to cross examine their witnesses in court. They could testify that the debt amount is accurate and correct, however, how can they convince the Judge that I was the one making payments or charging the card with purchases.? When I asked for such documents the Plaintiff never sent when the BOL was requested.