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About STgw6r

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  1. @whattodocacourt - It was a motion to compel further responses to a BOP. Best of luck to you! Hope they dismiss before trial! @Coltfan1972 - No, not Midland, it was Asset Acceptance LLC @legaleagle - I'll take on CRAP and any other JDB that comes along!
  2. The case was dismissed without prejudice! The clerk gave me a copy of the request for dismissal at the motion to compel hearing. They tried to settle with me 10 days before the hearing!! Right after I faxed a letter asking them to withdraw their CCP 98 declaration. They sounded desperate! I said that they had nothing and I'd see them in court. They dated the request for dismissal the same day as the phone call!! I filed and served a Memorandum of Costs three days later. 10 days later, a check! I was surprised to say the least! Thank you so much for your help. I wouldn't have been able to do th
  3. I faxed a Meet and Confer letter today. The subpoenas will go out later this week if they don't withdraw their declaration. About getting the distance verified, the best person to do this would be a land surveyor / civil engineer. However, that will cost me at least $1xx...engineers don't work cheap. I'm thinking about attaching a Google Maps / MapQuest printout to the Motion in Limine...any thoughts? I've found cases where Google Earth images have been accepted in support of xyz, but nothing about using a web mapping service to verify distances.
  4. @Seadragon More than I expected. Thanks a bunch! I still need to mull over the benefits of sending it...I don't want my case to be pushed to the top of the stack... @chiquita55 I'm happy it worked out for you so well. Thanks for sharing!
  5. @Seadragon It's a different law office; in southern California, not Sac. I'm trying my best to follow the timeline you have in the post titled "Yes you will have to subpoena the affiant". I'll subpoena the declarant and the person on the affidavit. I'll also file a Motion in Limine 10 days before trial. The local court requires Motion in Limine to be served and files at least 5 days before trial; I'm ~30 days away. If I send a Meet and Confer letter with the content you propose. What should I expect them to do [is there a standard form they need to file to withdraw the declaration] and how soo
  6. @chiquita55, it does not mention anything about the declarant being available. Just an address for purpose of service is included -- the one at issue. @1stStep, I'm working on getting the verification by a 3rd party @Seadragon, @1stStep, I'm conflicted about sending a Meet and Confer, they dropped the ball...I don't want to help them out. They may withdraw and come with another address...but even then, I'm pretty sure the witness won't be available for service. I KNOW the declarant lives in another state [Google search]. The address provided for service is the attorneys office. I'm betting tha
  7. @1stSte The CCP 98 declaration includes an attached affidavit (w/ no address) by an employee that is different than the declarant. When I write up the Motion in Limine, I know I need to put the name of the CCP 98 declarant, but what about this other person? Should they be subpoenaed or does it all get tossed with the motion to preclude?
  8. The CCP 98 declarant is in state but hundreds of miles away -- much more than 150 miles. Should I subpoena the declarant in any case, or will the declaration be tossed out anyway by the Motion in Limine I plan to file? More info about case in post "Trial Date Set; CCP 98 Received in Response to Further BOP Request". I can't link to it because I don't have more than 20 posts yet.
  9. bump. @Sadragon: I followed the link to the documents you posted and I found that they all work except "redacted trial". The .zip contains a .doc that is corrupt and will not open. Can you please send/post a working copy? Thanks again!
  10. Thanks Seadragon. That post you linked to is very informative. When the time comes (35 days from trial), can I send another CCP 96? It may have been bad strategy on my part, but I sent one several months ago. My big concern right now is what to do about receiving a CCP 98 declaration in response to my request for a further BOP response. The opening paragraphs of the BOP response they sent said that they are not finished with discovery/research, and that more documents may come before/during trial. I sent a letter objecting and requesting a full itemization of transactions, and the card agreem
  11. Plaintiff: ASSET ACCEPTANCE LLC Attorney: Law Office of XXXXXXXXX Amount involved: $4,xxx ($7,xxx with interest). Attorney fees and other costs not included Original creditor: CITIBANK AT&T UNIVERSAL CARD DOFD: 03/2008; SOL: 4 years - 03/2012 Trial set for: 06/2x/2012 -------------------------------------------------------------------------------------------------------------------------------------------------------- Timeline: 07/xx/2011 - Summons served 07/xx/2011 - Response filed 09/xx/2011 - Settlement letter sent by attorney; $3,500 to settle; latter reduced to $2,500 12/xx/2011 - Ca
  12. Some more background on the amounts of $ involved in the case: 1. Principle: $4,400 2. Interest: 10% since Jan of 2008 3. Attorney fees: $900 4. Other costs incurred 5. Further relief as deemed proper by the court Their lawyer says they are seeking ~ $7,300 total I called their attorney a little while ago. He agreed that an error had been made, and he said that he would get the paralegal that prepared the document to look into it. He asked if I would consider settling. I said that I don't believe they could prove I owe the debt. I wanted to leave it at that, but I was curious to know what th
  13. @calawyer It's been 37 days! It looks like I have less than 8 days before I will no longer have the ability to file a motion to compel. How should I proceed? I can draft a meet and confer letter and have it at their doorstep by Thu/Fri. But that doesn't leave them much time to get back to me with an agreement to extend the deadline. Should I skip the meet and confer, file the motion to compel, and take my chances with the judge at the hearing? Also, should I send a BoP now, or after I get the discovery issue above resolved? Thank you for your helpful comment!