VLDCA

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VLDCA last won the day on July 12 2018

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About VLDCA

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  1. When my MTC was denied, the Plaintiff & I both showed up. I did however argue, the judge was the only one that responded, giving me reasons why I was denied. It was very short.
  2. I had a Motion to Compel further BOP or in the Alternative to Preclude Evidence denied & I went on to beat the Plaintiff in court. I remember being bumbed out & thinking that this must mean I will lose my case. It doesn't at all! The judge at the time felt they had submitted enough to satisfy a BOP, I just later used it against them. It was really all they had, they didn't have anymore evidence & at trial it wasn't enough (they even brought a witness) to win their case. So don't give up! I know how you're feeling!
  3. YAY!! Another Midland win!!!! Awesome job!! Proud of you!!! :multibounce:
  4. If you want to request documents in addition to the personal appearance of the witness, you need to serve at least 20 days before trial. See CCP 1987 ©: CA Codes (ccp:1985-1997)
  5. Seadragon & Tigger are right. Yes I did reference to the CCP 98 on my subpoena. DaFish had a problem in court & he is the reason why I did this. IMO a BOP at this point is a HUGE waste of time. If you already sent a CCP 96 you won't need a BOP. I sent a BOP to H&H about 2mths before trial & they made sure to make a stink about it being too late in the game to ask for this, that there were other ways to get this info from them(CCP 96). Their BOP was insuffient at best, yet the court said it was enough. So from my experience w/ these guys its too late for this. CCP 96 should have already been sent out. Now you need to subpoena the CCP 98 witness. Now remember I was up against a JDB not the OC, I can't give you advice on how to go about winning against the OC only the JDB. It seems to still be the same process. Her witness is not going to be found at the OC offices, similar to my case she will be found somewhere else. Which I wasn't able to find my gal, they never even heard of her. It will be interesting to see how this plays out.
  6. LOL this is me!!!! I still have a mess lying around. Yet it works for me...lol
  7. I was sued by a JDB 'Portforlio Recovery' H&H was representing them. I did go to trial & there I won w/ prejudice. The questions they ask were in regards to the itemized statements they had from HSBC. I simple just said I don't recall, except to the questions re my name & address. "chiquitta55" won against an original creditor Capital One. Look up some of her post, they should be helpful.
  8. Hi I did win against them. I did go to trial twice. They did call me to settle. I told them no way & I would see them in court. These guys are beatable. A member here just had her case dismissed before trial. I personally don't know anyone who has lost against them. You are so far doing everything right. The CCP 96 has to get out now. Send it w/ a proof of service (POS) & send it certified w/ return signature. No need to file w/ the court. Looks like you're being sued by the original creditor not a JDB. Citibank is the Plaintiff & H&H are the attorneys. Hope I was able to help.
  9. YAY! AWESOME news!!!!! The SOL starts at the time of default. Congrats girl! Proud of You!!!!
  10. Hey at least you didn't sign your own subpoena order & then find out at trial you did it improperly!!! LOL I had a process server serve mine & he wrote up a declaration re diligence.
  11. If they took it why do you need to mail it to them. I never mailed mine. I filed it w/ the courthouse. You can certainly mail it to them. Now I'm not sure if you wait til you have attempted 3 more times & the Declaration is complete. I would think that is when you mail it to them.
  12. So my question is this did you fill out another subpoena form except this time fill out the SUBP-001 since now it past the 20 days? Also can't your friend try attempting to serve twice in the same day? Say in the morning & try back in the afternoon? I wouldn't hand it to them this time, just come back again. BTW tell them I said "Hi" & they owe me money!! LOL