Wantawin2012

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About Wantawin2012

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  1. Thanks Tigger! I'm filing a mc-010 and a mc-020. I on themc-020 I am just writing I request that the lawyers h&h representing the plaintiff pay all costs as stated in the mc-010 as order in court on April xx,xxxx and then leaving 2 lines on the bottom for the judge to sign and date. Does that sound alright for the mc-020? Thanks! Did you get your case dismmissed with or without prejudice?:lol:
  2. Victorious I was at the South County Courthouse in Morgan Hill. The day after I filed my answer they courts sent me a court date. Everyone says that was very quick. Have you looked your case up on the court website? Here is the link for santa clara county Superior Court of California, Santa Clara County My witness was Wandi Chamberlain. Does you witness live in CA? Mine lived in VA. In her CCP98 she "authorized H&H to accept service for her but also said she would be there 20 days before trail". Which she wasn't so she violated the rules of the CCP98 by not being available 20 days prior to court. I think you would need a court date in order to tell her when and where to show up. I would ask Seadragon and CALAWAYER they are both very informative so is VDLC with the picture of a flipflop she has posted on the thread. I was such a wimp at this at first and even did it with my cracking voice in court! You can too!!!!! I can send you files too if needed.
  3. Thank you for the info about the wages:) I really wasn't going to dodge process servers. I am so glad I stood up for myself! It was a good feeling.
  4. THank you to all that helped I couldn't of done it without you!!! YOu guys alll ROCK. Even though I am scared to death that they may sue again!!! For now at least it is out of my hair :mrgreen::mrgreen:
  5. OPPS forgot to thank all that helped. It was tremendous!!!!! THanks for the confidence too!!!!!:):):):lol:
  6. Hi Case heard by a criminal judge,they moved us from a civil room up to criminal. I guess civil judge didnt show. CRAP One dismissed with out predjuidice. The lawyer was doing multiple cases that day.I asked the judge to dimiss with predjuidice. I said I subpeoned the witness 20 prior to court,the witness was not there. Then also said I submitted a Dec of motion liminea. He was looking through law books for 5 mins and then said it will still be dismissed without predjuidice. He said I can write a declaration for fees. The clerk said I should also write as ordered on the Declaration.Who do I address the Delaration to? Does H&H have to pay that or CAP ONe? Does anyone have a declaration to get fees reimbursed? Can I claim my half day off work? SOOOOO bummed becasue now they can sue again whenever they want. What are Statutes of Limitations in CA. Is it from time the account defaulted or charged off? I guess now I have to dodge process servers!
  7. Hi Case heard by a criminal judge,they moved us from a civil room up to criminal. I guess civil judge didnt show. CRAP One dismissed with out predjuidice. The lawyer was doing multiple cases that day.I asked the judge to dimiss with predjuidice. I said I subpeoned the witness 20 prior to court,the witness was not there. Then also said I submitted a Dec of motion liminea. He was looking through law books for 5 mins and then said it will still be dismissed without predjuidice. He said I can write a declaration for fees. The clerk said I should also write as ordered on the Declaration.Who do I address the Delaration to? Does H&H have to pay that or CAP ONe? Does anyone have a declaration to get fees reimbursed? Can I claim my half day off work? SOOOOO bummed becasue now they can sue again whenever they want. What are Statutes of Limitations in CA. Is it from time the account defaulted or charged off? I guess now I have to dodge process servers!
  8. Court tomorrow. Anyone have a script of what to say. I subpoenaed the witness who is from VA I'm in CA she was never at Ca address they want to submit a bunch of copies as evidence. I sent a declaration of motion liminea on Friday and filed it with the court. Court tomorrow 9 am
  9. Court date is just around the corner, I have declaration I am filing that says the affiant wasnt were she said she was going to be and a motion limine QUestion on the motion liminea should I file it tomorrow the 20th on Friday, or on the 23rd the courtdate? And when it says I amke this declaration on this day do I put the 20th Friday? or wait to file it on the 23rd? thats the court date. I think I should put the 20th.
  10. So after we served the Subp-002 the very next day H&H sent out a meet & confer letter, saying that the answer to their complaint didnt have very good defenses and that Capital One wants to settle by April 15th and to call H&H. Do I have to call & talk to H&H ? IF so what do I say if anythig? We served the SUBP-002 1 more time a total of 2 times and the same person accepted it. This time my friend asked specifically for Wandi Ch*****. and she wasn't there but then a lady said "oh but I am authorized to accept it for her. And then my friend repeated what she said and said her name and said you are authorized to accept this for Wandi Ch**** and the H&H girl said yes. So we are going to write this all down in the declaration. We are going to go there one more time next week then submit the declaration that she Wandi CH***** from VA wasn't there. suprise suprise But no where in the CCP98 did Wandi CH*** say that the girl Ashley R***era could accept it for her.
  11. Ok even more of a rookie move I didnt have my friend put down her name and address on the bottom of the SUBP-002 she just signed it! Will they throw it out? Or can I add something to the declaration saying she didnt know to add her name and address. I feel like an idiot!
  12. No I just going to reserve the same one I did on the 3rd SUBP-002 you can re-serve on mutiple days, multiple times. She is going to go tomorrow and then she is going to go the next day as well. I'll make sure she gives them a disgusted look too8-)
  13. I know I wish I would of found on the forum where everyone says NOT to give it to someone if the person isn't there. Should of used more common sense :-(I was just too concerned getting filed on the 20th day before the trial. We serve the VA lady some more in san jose but not give the papers to H&H. Even though they already have one! I also read that you are suppossed to mail it to the address provided 150 within the courthouse to the person you are subpeonaing (spelling)
  14. THank you!!!! I hope this works out too! I don't want to have to file for bankruptcy:(