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About BayChick

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    CIC Member


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    HairStylist 2 Da Hairstylist

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  1. Thanks So Much for the advice! im going to do all 3 things. why would they levy BofA, if im not a customer? iIs it protocol to levy all major banks? Also, i received the letters on tues 7/6, do i still have enough time to close tomorrow? Id hate for them to take my sons $. Thanks AGAIN
  2. Hello everyone, thanks for taking the time to read this and respond. I basically lost this case 1 1/2 yrs ago, it was my first time in court with collections and went unprepared, any ways the amount is 2,000. I tried calling the JDB at one point to make payment plans and they said it was too little, i needed to pay more, i told them im working only 3 days, they didnt care. Fast forward to 2 months ago, someone from the JDB shows up at MY WORK (im a hairstylist i work only 2 days a wk bcs i have a new baby), trying to take all the cash i make, they even called the sheriff, yea kinda embarassin
  3. First the Declerant was beyond the 150 miles allowed without a chance to cross examine. Also they tried to give an BoGus address that was within 150 miles, i researched it and all that was coming up was a Storage Unit and Computer Consulting Firm witch i stated in my Motion in Limine. I filed it and sent them a copy !!! I believe the "lawyer" was there just for a default, or when he called my name, hoping to settle. Like i said he had no papers with him and after we we finished he walked out got in his car and took off.
  4. So i had court 9:30 am, I go thru medal detector, use restroom( bit nervous) and have a seat in the chambers. Not a busy day only a few people, Its the second trial I've had and i see a "lawyer" not the same from the CMC but one i'd seen at my 1st trial. 2-3x's. He says outloud >"Ms. Baychick?" he goes outside >"Ms. Baychick?" Im thinking >":shock:crap" He comes back in fills out the slip and hands to bailiff and again >" Ms. Baychick" looks at a lady >" Are you Ms. Baychick?" she says> "No", he goes back out. His probably thinking> " Cha Ching Default" Im thinking >"
  5. I qualified for the waiver fee when i answered their summons. Im filling morning so, just hope the judge accepts it . THANKS EVERYONE (cant thank enough).. will keep you updated!!! Hope Solano County doesn't blow again!!
  6. FIRST THANKS THANKS THANKS for your advice... and court is Friday,i think its too late:cry: Im going to file th emotion in limine, and just see what happens, atleast the judge can see what im trying to get across and if he doesn't permit it, maybe an extension to be able to call them and cross examine. this Declaration is giving me nightmares... I qualified for the fee waiver, so i believe the filling is free.
  7. The only way you can exclude it now is if the declaration is faulty. 1. Did they serve it to you 30-days or longer before trial? If less than 30-days it doesn't count. 2. Did the declarant swear under penalty of perjury? 3. Is the address in the delcaration within 150 miles of the courthouse? The only other thing you could do if it's a legit CCP 98 Declaration is request continuation and that the witness is show up at trial. You can try the judge will often give you benefit of the doubt being self-represented, but it's up to the judge's discretion at that point. Finally, consider whether the d
  8. Thanks for your response REALLY Appreciate it! Here's the deal ,because my first case (this is 2nd) at trial on the Declaratrion in Lieu, and unfortunatly I have the same judge, but the other case i tried to tell the judge the 150 miles rule and he said it didn't matter. The girl that signed for this one has her address in Anaheim with the JDB, then also in handwritting puts an address for Berkeley Ca, witch i'm only 40 mins from, i googled the address and it comes up as a storage unit and a computer guy. I think i will file anyways my Motions, atleast judge will see what i'm trying to get a
  9. I think its too late, or else i would have...i was so busy researching preparing for the trail, i really overlooked that. I think it said i have to request they appear 10 days prior, i have 5 days
  10. I did not request that they show up:(, any way i can at trial? And should i still go ahead and file the motion to strike the Declaration and Evidence? I figure might as well, i dont want to lose and have been researching so much, lost a previous case and want to beat this JDB, any more advise id REALLY APPRECIATE, THANKS AGAIN
  11. The JDB did request a Statement of Witnesses and Evidence and I did send them the the evidence I plan to show witch is evidence they send me 1. Bill of Sales with no account number, no name and dates 2-3 days apart 2. Phony credit reports where the account numbers don't add up 3. A bill statement that wasn't authenticated.4 Their answers to my request for production of documents where they admitted to not having a contract with my signature and the OC for witch account they are trying to collect. But i was advise to do a motion to strike, i think its a good idea, wanna make sure i still can,
  12. We are in court Friday, because the judge set that day for hearing(trial). We've had one previous CMC. They filed a Declaration in Lieu of Testimony, so i wanted to file a Motion to Strike that some evidence they sent also, but i just hope its not too late:cool:, any advice? THANKS THANKS!!!!
  13. I appreciate ur opinion Admin Thank You..also if anyone can help with this question... court is Friday if i sent the motions to the jdb today certified and priority should that be ok? i read i have to send them copy,and if i file today....should that be ok? not too late i hope..THANKS EVERYONE!!!
  14. Can i combine a Motion to Strike Affidavit of Debt and Documentation of Debt, or should i do them seperate? THANKS A MILLION!!!!!!
  15. Thanks You so much for that link midlandhater, it was great info!! I have court Friday , you don't think filling tomorrow is too late? i hope not, also when filling the motion can i add other things to it like beside the testimony their copy's of bill of sales with no name or account number and a phony credit report? Any ones input id greatly appreciate!!!!!!!