• Content Count

  • Joined

  • Last visited

Community Reputation

19 Good

About banksnogood

  • Rank

Profile Fields

  • Location

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. HotWheels96 - Go ahead and subserve Wandi - she will never appear. If you go to trial, make your Hearsay Objections to all Exhibits Plaintiff tries to enter into evidence. Argue your motion in limine points - specifically that Plaintiff has not complied with CCP 98 which is clear about Declarations in Lieu of Testimony. If you lose, do not worry - file your appeal within the timeframe. There is no way they can prevail even if the Judge doesn't pay attention to the law.
  2. Thanks for all the CONGRATS! Yes, it feels great to kick Capital One's a$$. Until Capital One established an office within 150 miles of any CA courthouse, or has a rep. there for service - THEY ARE LOSERS! Here is my Motion in Limine and supporting paperwork. Make sure you attach their Wandi Declaration and exhibits, your CCP 1987 Requesting Wandi's Appearance at Trial, and the Sheriff's Return of Service on your Subpoena Duces Tecum to Wandi's "in care of" service location: CALimine_CreditInfo.pdf
  3. You should always file your answer and specific affirmative defenses, which failure to arbitrate is one of them. Arbitration is risky and I would choose to fight in Court. At the first Hearing, Request A Jury Trial and be prepared to pay the court fee - in CA only $150. Once you file your answer, they will send you interrogatories, admissions and production of documents. You can then counter by serving them your own interrogatories, etc.. Use their format and ask them to produce the application and written card holder agreement and all other relevant docs, I.e. any modifications to interes
  4. I recently got a Dismissal without Prejudice filed by Capital One (CO) in North San Diego County. I beat them at their own game by following steps taken by other members on this board - specifically SeaDragon. This was a credit card suit whereby CO claimed I owed roughly $3000. CO hired a local attorney in San Diego - Legal Recovery Law Offices; I believe they handle all CO's lawsuit in SD. The Complaint did not have any contract or other exhibits attached and plead only Breach of Contract and Account Stated. Once I was served with the Complaint, the following defense strategy was used: