Anon Amos

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Everything posted by Anon Amos

  1. You will still treat this case pretty much like the last one, regardless if its a medical debt or not, it's still a jdb. The difference is this complaint is verified so you may not use the general denial form. You must use the answer form (which you can download) and you have to admit or deny each allegation of the complaint line for line. You can send them a demand for a bill of particulars (even before you file the answer) Force them to prove their case.
  2. Make sure you respond to all discovery. If you have request for admissions and request for production of documents you need to respond to those as well.
  3. There's no need to amend the answer because in CA you don't have to assert lack of standing as an affirmative defense.
  4. If it were mine I would answer the rogs, etc, especially the request for admissions. There is a good reason to respond to discovery, if you don't you can end up with a default judgment against you. You will not find a CA thread were a favorable result (for the DEFENDANT) came from not answering discovery. I would research the demand for a bill of particulars (BOP) and send them the request ASAP, before you answer the discovery. Answer the discovery closer to the deadline, but make sure you provide a response to their discovery.
  5. I would sign everything and send it to them with a meet and confer letter stating that you forgot to sign the first set. You have the 30 days plus and additional five days for mail service to respond, so you won't be late.
  6. I would start by sending a demand for bill of particulars. I believe you have already answered their discovery. Also, keep everything in one thread unless you have multiple cases.
  7. In the future I would use the POS 030 form for your proof of service, but you can draft your own (I didn't look at yours). It shouldn't matter here because discovery isn't filed with the court anyway, so you really didn't have to have a proof of service, but most people do, and it probably isn't a bad idea. I wouldn't worry about the discovery response being the original or copy either. You do not file the discovery responses with the court. Did you assert the running of the SOL as and affirmative defense in the answer to the complaint? And did you file the answer with the court as well as send plaintiff a copy with POS?
  8. You can use the same objection but I would still spell it out for them instead of saying same as 1. Just a personal preference, it probably wouldn't make much difference. I wouldn't mention any BOP response in the objection and not offer more information then needed as in the other objection you had. Make sure you send this registered mail with signature required.
  9. I think the objection and the answer here are both good. I don't know that there will be an advantage to choose one or the other. The less objecting you do the less likely they will file a MTC, however, and I don't think the answer will damage him.
  10. # 15 is ok but # 14 needs work. You would be objecting to the word "account", if you were to respond with an objection. There are objections on here somewhere for discovery but I don't remember the thread. If it was mine, I would just answer it with the dv request you sent that were ignored.
  11. Those may be rogs that you would object to. In #14 "THE CREDIT ACCOUNT" (depending on how or if they defined it) may not be an account you recognize. Or, you could just answer that you sent DV request that were ignored. You can object to # 15 on the grounds that it is premature. Discovery is ongoing.
  12. There's a subpoena you can download and take to the court clerk to get it stamped. You need a process server to serve the declarant at the address given on the last page of the ccp 98 within the last 20 days prior to trial. Tell the process server you don't expect the declarant to be there and to try a few times and leave the subpoena with someone else on the third attempt, and to write you a declaration of diligence stating what happened with the subpoena service. There should be a lot of info here on the subpoena. There's also threads where the discovery has been answered but I can't remember the names of the people. You need the discovery answered and the subpoena served on time.
  13. You don't have to file your objections in advance. You can always verbally object to witnesses as they are being called, and object to evidence as it is being introduced at trial. It may be hard to object to evidence from an OC as you must have valid grounds for the objection and understand what you are doing. OC cases are usually won when no witness shows up and or the OC dismisses the case rather then pursuing it.
  14. You can send the ccp 96 request 45 days before trial. You shouldn't have any witnesses to subpoena unless you received the ccp 98 declaration in lieu of live testimony.
  15. If you are in unlimited then you will actually have less limitations then limited civil, so you will be OK with anything in those rules.
  16. They cannot reserve a right to enter evidence at the time of trial, unless you don't object to it. You could send them a meet and confer letter telling them you will object to any evidence not disclosed in the ccp 96 response, and also object to it at trial. you could also mention in the meet and confer letter that it isn't likely they will bring all 5 witnesses but rather just one of them, and so they should tell you who they actually intend to call so that you can properly prepare and not be deprived of due process.
  17. I agree with RyanEX. If you talk settlement now you will. just be chumming the water. I would send them a demand for a bill of particulars now (which is easily done). Research BOP here.
  18. Nice job salting a wound for CACH. Congratulations.
  19. I'm sure they intend to dismiss. Maybe they will show up at the trial and dismiss then. You can definitely use it against them if not, and against the lawyer. There can be consequences for this, but you would have to make it happen. It depends on the judge. I would see if you can do a little research on your judge if possible. A lot of judges don't have a problem with what bottom feeders do. They don't look out for you, you have to make the opportunities you get an issue. Not in writing. They will tell you they plan to dismiss (even tell you that you don't have to wait at the trial (that they will dismiss) but then go to trial and get a default when the defendant doesn't show up. What they tell you and what they put in writing can be two different things. You have it in writing that they are going to dismiss, and if they don't, then you have been deprived of due process. You shouldn't have to expect or prepare for a trial by ambush (although you do). If they continue to trial then use it against them. I don't think you 're going to have a problem getting it dismissed but good luck on Monday anyway, I'm sure you will do fine.
  20. @angelsvikes A strong part, and probably an early mention (and exhibit) for your trial brief would be their dismissal.
  21. They have to be the one to file the dismissal. Keep your eye on the docket. If nothing changes, show up on your trial date and bring the dismissal with you.