Girl0101

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Posts posted by Girl0101

  1. UPDATE: Plaintiff Dismissed the case the day after they received my mail. I sent them a Meet& Confer letter and attached an objection to witness called in violation of CCP96.

    They did not name any witness. Instead they put ‘ person most knowledgable’ which violated ccp96

    Without any witness, they cannot authenticate any documents.

    Thank you for all of your help!! Im truly grateful!

     

     

     

    • Like 1
  2. Hi everyone, I just got my win from California today.

    Plaintiff filed a request for Dismissal the day after they got my mail. I sent them a Meet& Confer letter and objection attached to their Violation of CCP96 letting them know that I will object if they plan to call any witness. 

    Without a competent witness who has personal knowledge, they cannot authenticate any documents.

    Im very grateful for this forum and to @calawyer@LoveIsPower@ATSmedic @HomelessInCalifornia @RyanEX@sadinca and many others as well.

    I just want to say that you can win too!! Just dont give up without a fight and try your best! As long as you can show them that you understand the law, you can also have your win. 

    I have been on this forum for the past year reading and studying. It was all worth it. 

     

     

    • Like 4
  3. 8 hours ago, LoveIsPower said:

    Also, what are the Causes of Action in your complaint?

    @LoveIsPower

    Hi thank you for asking. The Causes of Action are Breach of Contract, Open Book and Money lent. 

    In the complaint, they mentioned “account stated “ in Open Book and Money Lent. Should I also include the account stated argument in my trial brief as well?

    I’m going to send out ccp96 in a couple days. 35 days before trial. Should I overnight it to Plaintiff? Or CMRRR?

    Thanks for letting me know about the ccp 98 Decision. I think it would help a lot. Thank you :)

     

  4. On 9/11/2019 at 12:25 PM, RyanEX said:

    You won't file it with the court.

    Yes, definitely use a proof of service & make copies of it and the CCP 96 request for your records. And mail it with delivery confirmation/certified mail.

    Take care to mail it within the proper time frame, between 30 to 45 calendar days from trial.

    Thank you so much!! :)

    • Thanks 1
  5. 4 hours ago, Clydesmom said:

    The last 6 months are sufficient.  You only have 6 months to identify a charge as fraudulent and dispute the amount.  Once that lapses the amount/charges are valid and permanent.  The last 6 months of statements would be more than enough to show usage of the account and payments made indicating financial responsibility for the account.

    The court is not expecting a signed card agreement.  They all know that no one is asked to sign this.  Accepting/using the card and making payments re-affirms the contract monthly and that you consent to that agreement.

    Thank you for your explanation. The statements includes very little usage and payments, mostly just interest charges and some charges I don't recognize or recall. So there is no way for me be sure that the amount is correct. So how would you go about defending yourself in court. Given what they have, the most important thing is to make them prove that they own the debt and witness? 

  6. Hi everyone,

    My trial in approaching in 2 months and I would really appreciate your help to get through this process. A debt buyer bought my debt from Citibank balance of about $7,XXX . I sent a Request for Documents before but I did not send a Motion to Compel. They provided the last 6 months of statements( not from the beginning), an printed Agreement with no signature, an affidavit of a Citibank employee, 2 bill of sale without my account number but they attached my account number on a separate sheet of paper, also provided 2 names with same address that said to have knowledge of the books, records and files. I’m not sure where to go from here. I believe the next step is to prepare my trial brief and send out the CCP96 soon? I’m in California so the Supreme Court recently said that subpoenas need to be serve at the witness address, not the attorney office. So is it advisable to file CCP98 and Subpoena the witness? Then I think I need to work on my Objection for the affidavit? Or do some people just go to trial and defend themselves in court without subpoenas? If there is any example of trial briefs or objection that I can use as a guide it would be very helpful. Please guide me through this time. Thank you