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Rivertime last won the day on May 25 2015

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About Rivertime

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  1. Just joined (literally just joined) so that I could extend my thanks to you! I'm an L.D.A. in CA and was needing to draft a request for production of documents for a client/defendant in a credit card lawsuit. I began trolling around expecting to invest a good 3-4 hours into research and prep. Almost immediately I came across this https://docs.google.com/file/d/0B8mtxc68Hb2tM001VFBXbGJ4N2s/edit, in a post from 2013! I want to say thank you for making my job super easy today! This is definitely going into my war chest! Thank you again for that little treat. 

  2. Or, do a little research and find out who their top officers are and send them a letter demanding payment by a date certain or you will subpoena them for a debtors exam. CC all who you list in the letter. I bet you'll get paid pretty quick. Good Luck, rt
  3. Okay, here is CCP 96 (a) Any party may serve on any other party a request in substantially the following form:TO: ____________________________________________ ,attorney for ____________________________________: You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents are not available to you, a description of them. W
  4. Also, for what it’s worth, during my cases I NEVER looked up any account numbers that may or may not have been associated with my account. I didn’t even pull a credit report so I could honestly answer “I don’t recall,” or “I do not know.” Again, FYI rt
  5. A deposition is not a document, it’s a process. In you case, plaintiff would call you, or other related people, in as a witness. Probably to an office somewhere close to you and you and/or the witnesses will be put under oath and they will ask questions with a court reporter present who would take down every word spoken while you are on the record. You would also have the opportunity to question any witness deposed. I really doubt plaintiff will do this as it is a very expensive proposition. Plaintiff will have to pay for the attorney time, court reporter, etc. Since the witness in und
  6. @Anon: Talk about playing to your audience... LOL!
  7. Anon is correct in my opinion. Attempting to argue the ad may just get you into the weeds and not prove to be very productive. You need to prepare to argue points of law as stated in the statute. rt
  8. The affiant is a custodian of records for plaintiff’s company and can verify and authenticate records of plaintiff’s company and insure the records qualify for the exemption as stated in the code. California Evidence Code§§ 1270 – 1272. Now a lot of JDB’s attempt to use their own employ (Custodian of Records) to authenticate records from the OC but if you read the evidence code about the exemption, the affiant is clearly not able to authenticate the records of a different company. To quote Calawyer, “that would be like asking someone read about an auto accident in the newspaper and then bri
  9. The CCP 98 is a Declaration or Affidavit IN LIEU of testimony, meaning in stead of testimony. The Declarent or Affiant can always show up and testify. The whole purpose for the CCP 98 is so the Declarent or Affiant does NOT have to show up. By you subpoenaing the Declarent or Affiant, you are requiring them to show up or the plaintiff’s evidence is out because there is no one to verify it and you have a right to question the witness. I’m a bit confused about your job description issue, it says the job is a Custodian of Records and the duties are to verify documents and that is what she is
  10. Also, a good strategy that worked for me is this: With the CCP 96, timing is everything. If you send it to them in the mail, they have 20 days to respond plus an additional 5 days, because you mailed it, for a total of 25 days to respond. A response is considered completed when it is dropped in the mail. Now here’s the strategy, if you send them the CCP 96 via overnight currier, they get 20 days plus 2 court days to respond for a total of only 22 days if you time it right when serving with the court days rather than calendar days. I only point this out because this worked in my case. I
  11. As others have stated, DO NOT admit to ANY DEBT, DO NOT offer any kind of payment. Your presence at court is ONLY to make sure you case is actually dismissed so you’re not surprised at a later date with a default judgment. Good Luck, rt
  12. The decision to allow substitute service or not is yours to make. In my case, I had the process server attempt service, VERIFY that the witness was NOT available for service at the address, then attempt to leave the subpoena for substitute service. As it turned out for me, the people at the law office’s address refused to accept service. Now for the tricky part, at least is was for me. Process servers are not used to doing this kind of thing and I really had to explain to them what I needed from them. I needed a declaration from them stating clearly they were not able to serve the subpoe
  13. You said that your BK was filed 5 years ago, what is the SOL in Washington state? Might your alledged loan be out of the SOL? rt
  14. I could be wrong, please correct if this info is not correct, but, I think you need more than just the stamp. I think the Clerk, or asst Clerk, needs to sign it as well so even if your court has a stamped copy available for download you will still need to go the a Clerks office to get it signed. rt
  15. A big huge CONGRATULATIONS! Good Job, although we'd really like to hear the 18 minute, word for word, play by play! rt