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JDCHATER

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  1. How is it done? You prepare them and you file them 7 days before trial or you give them to the judge before the trial starts? I already filed my Memorandum of Costs. I got Plaintiff's when they filed the Trial Brief so I did the same.
  2. So far never admitted it was my debt. The Excel looking spreed sheet provided with info about the account shows somebody else's date of birth. If my credit report doesn't show that I ever owned the debt account, can I use Mistaken Identity as an Affirmative Defense too? If the judge asks why I never reported the theft can I say... because I was never aware of it?
  3. Ok I will, however, I still dont understand how sending a letter stating "Pursuant to your request" when I didn't request it is not manipulation. The letter was sent a day after the case was filed with the court. I wasn't even been served yet. What if I send I letter saying: "Thank you dear JDB for your settlement offer but I am not interested". They never sent me any offer and I didnt request a verification. Thanks anyway.
  4. Oh I see. But why state : "Pursuant to your request..."? That is just straight up document manipulation. Can I ask during trial to the plaintiff's attorney to show me "my" written request for validation? I know is not a great defense and I am not planing on wining the case with it but I want to put some doubt about the legitimacy of their documents from the moment the trial goes on.
  5. Hi, is it a FDCPA violation if the JDB files a lawsuit before contacting the "debtor" before filling the lawsuit.? My lawsuit was files on February 10 and I was served on February 16th. Later on, (I dont remember when) I received a debt verification package that says.."Pursuant to your request and the FDCPA please find attached your debt verification debt from the OC." I HAVE NEVER REQUESTED SUCH VERIFICATION!!! I DIDNT KNOW ABOUT THE LAWSUIT UNTIL THE DAY A WAS SERVED. Is it a requirement that the JDB has to verify the debt before filling the lawsuit? If not, why did my JDB generated such letter without me request?
  6. What are the documents that "MUST" be included by the JDB when the BOL is requested? What if the JDB only sends card statements? What do they need to send in order to comply with the BOP request? I got the normal BS (attorney-client privilege and I didn't get anything that I already had. On my second request I even specified I was requesting then under (Money Lent Cause of action). No luck either..."Plaintiff is still investigation the case, we had contacted the OC, bla, bla, bla
  7. I received from the JDB their Trial Brief and the Memorandum of Costs form by mail. My Trial Brief is ready and I assume I should include my Memorandum of Costs too before I file mine with the court.. Does anybody knows what I am allowed to request for expenses besides court fees? (California Case). If possible, I would like to request money for the 3 days I went to court and the trial was postpone because the JBD wasn't ready for trial. (I know, it was unfair and I objected). I missed 3 days at work $$$$. I spend 20 hours on research ( mostly in this forum :)) answering and requesting documents during discovery. I spent money making copies, mailing documents, driving to court (gas ain't cheap in Cali, ect Do I need to have receipts for all my expenses? I couldn't find any samples online about this topic. Thank you.
  8. I dont know the answers to these question. If I ask them to the witness, as long as he answers " something" ,the judge will think he knows what he is talking about.
  9. Now that I look at the documents again, I see that the JDB mentioned a John Doe Vice President for the OC and his address is 5800 S Corporate Place, Sioux Falls, SD 57108. I think is a BLUFF.
  10. Great questions, thanks. Does the VC suppose to know about identity theft too? My lawsuit is for 2 different accounts (different years same OC) and the card consumer date of birth is "lightly" different for each account. Since both accounts were sold together and included in the same "electronic file" mentioned in the Bill of Sales, can I ask the expert witness how can the same person open 2 accounts using different dates of birth?
  11. Oh, OK. VP not Vice President. LOL Can you write for me 1 or 2 questions for VP John Doe and tell me what the answer "could" be?. That way I will know if the witness knows what he is talking about. I googled the witness name online and found his resume. He comes from the OC collection department. Thank you
  12. Hi, in my case, the JDB answered to my CCP96 with the name of their expert witness, (VP John Doe from the OC). Now, only days from trial, their trial brief says they will bring in : the (Most knowledgeable person from the OC as their expert witness. Should I send them a letter similar to one above or ignore it and object during trial?
  13. YES it is. The JDB filed the lawsuit 1 week before the SOL. Is the deadline for discovery 30 days before trial? If during trial, the case gets postpone for another 4 months (JDB not ready), does discovery get extended too until 30 days to next trial date? Can the plaintiff file a new trial brief then, with new exhibits and new documents never sent before during discovery time?. Also, the JDB expert witness person has been changed from VP John Doe to :.."Person most knowledgeable for the original creditor" (Sounds to me like nobody will show up from the OC. (bluff) What objections should I use on trial for the "new documents" presented 2 weeks before trial and the new mysterious expert witness? I filed my CCP96 for a reason. Thank you. I appreciate of your answers #VD80
  14. "My" account was opened in 2013 and the last payment made was in April 2015. During discovery, the JBC provided a card agreement attachment named FACT SHEET that says something like that "... as of October 15th 2016 the APR% rates will be $23.99". How do you interpret the "AS OF 10/15/2016 DATE"? Could it be an amended agreement from the original created in 2013? Can I object to it base on that the actual debt happened before 10/2015 and therefore we do not have the "correct" agreement on hand so see if the correct ARP % rates was applied to the account?
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