ticklemore

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ticklemore last won the day on May 4

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About ticklemore

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  1. Today, was the trial. It was a very stressful experience trying to defend my case on my own for the first time, especially over Zoom (due to COVID). I did file the Motions in Limine to exclude Plaintiff's evidence beforehand, but the court said that Motions in Limine was only for jury trials, so I was very disappointed. Through the testimony of Plaintiff's custodian of records testifying to receiving them from Plaintiff's assignor, they entered into evidence the monthly statements, charge-off statements, and statements showing the dates of last payment. I've raised objection as hearsa
  2. Thank you, @RyanEX for your feedback! I've decided to file the MIL to object to their affidavit just two business days prior to the trial, not giving them much time to respond to my MIL. My trial is on Monday so I will keep you posted on the outcome. I will be prepared to object to their evidence and witness. Thanks again. I really appreciate it!
  3. You don't have to admit anything on their Request for Admissions. If you've had an account with Citibank, and used it, and received monthly, you can choose to admit those facts. I did on mine. However I've denied pretty much the rest, like having an unpaid balance due, or that I owed them, etc. You can also say something like "I can neither admit or deny this request as I have no memory concerning it and no records of it and the information known to me or readily obtainable by me is insufficient to enable me to admit or deny." if you're not sure. You must also deny that you don't have aff
  4. @RyanEX, now I am debating if I should submit my Motions in Limine (to object OC's affidavit, cardmember agreement, monthly statements, and bill of sale) or hold them off and prepare to object to them during the trial. I would have filed my MIL's if it was normal circumstances, but due to COVID-19, my court trial will done over Zoom, remotely. I am afraid that when Plaintiff sees my MIL's, they will have 3-4 days to respond to my MIL's and more importantly, they may also add the Affiant(Original Creditor) to the Witness List because it's so easy to do that in a remote trial (just forward the
  5. Thank you so much for your feedback, @RyanEX! I really appreciate it. No, I have not sent them the CCP 96 request because that would only apply for limited civil cases, correct? Mine is unlimited, unfortunately. =( This week, they gave me the list of of their exhibits: Bill of sale from OC to 1st JDB Bill of Sale from 1st JDB to 2nd JDB (Plaintiff) Statement showing the date and amount of the last payment Cardmember's Agreement Charge-off statement 2 year period worth of monthly statements prior to charge-off Affidavit (this original post)
  6. No, they didn't send me CCP 98 probably because this is an unlimited civil case (over $25,000), and CCP 98 applies to limited civil cases. Today, they sent me the affidavit rom the original creditor which I added on a separate post here:
  7. Today, I have received below affidavit from the JDB (3rd owner) The Affiant is a person from Pentagon Federal Credit Union who is the original credit card issuer. ----------------------------Start of the document------------------------------ <Page 1> AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) I am a/a Richard HXXXX of Pentagon Federal Credit Union ("Original Creditor"), and I have personal knowledge of and access to Original Creditor's books and records ("Business Records"), including electronic records, relating to a po
  8. My trial is in two weeks now! I'm so nervous, so I've updated my post and am looking for any advice! Thanks.
  9. Thank you so much, @LoveIsPower! I really appreciate your response. Yes, I've gone through the regular trial route. So far I've survived JBD's Motion for Summary Judgment but was ruled against my Motion to Compel BOP recently. My case is pretty significant in terms of the amount, $42K, so I am a bit worried that JBD will try everything in their powers to present witnesses from the original credit card issuer and an assignee (Plaintiff is the 3rd owner). I guess I will find out their witness list towards near the trial date which is in May 2021. Thanks again for your response!
  10. Hi @LoveIsPower, I know your post is a bit old but do you mind sharing the outcome of your trial? I am currently dealing with an unlimited case in California so I'd love to hear about your experience. Thanks!
  11. I hope you have responded the complaint with an answer on time. A general denial should be fine.
  12. What are the differences between the agreement at account opening and the agreement their pushing? Usually they try to go with the agreement that was in effect at the time the account was charged off. Might be something to your advantage, possibly. I see. Thanks for the feedback. I don’t have any other version of the agreement to compare with the one that Plaintiff has produced. Yes, it seems like it was effective when the charge off happened.
  13. I am wondering if I should send a demand for BOP (Bill of Particulars). During the discovery, the Plaintiff has produced: Credit card agreement that's dated October 2017 which is more than 3 years after the credit card account was opened in April 2014 Charge-off statement dated November 2018 24 months of monthly statements which only shows transactions for 30% of the total principal balance 2 Bill of Sale documents (Plaintiff is 3rd owner) which doesn't show any specific account number and is missing Exhibits referred in the Bill of Sale document