silverjacket

Members
  • Content Count

    26
  • Joined

  • Last visited

Everything posted by silverjacket

  1. Thanks for the tips coltfan1972 ! Is calawyer for hire by any chance ?
  2. Is there rule or regulation to bring an attorney to defend our case at the last minute ? Do we have to file any paperwork prior to trial to introduce such attorney ?
  3. Here is a brief outline of my case: - Sued over credit card debt. - It's an OC, and they had hired an attorney to file suit. - They mailed the ccp 98, along with all the monthly statements since account is opened, and the affiant testified under penalty of perjury...under the laws of the state california, that the foregoing is true and correct. - I already served the subpoena, requiring this affiant to appear on court day. - The affiant claims the regulars on the affidavit: have personal knowledge, familiar how the business is run, all these statements are duplicates from originals, and generated in the course of business. - I was able to speak to 1 attorney over the phone. I explained him my situation, however, he told me that I don't have a strong case... even AFTER I quoted him all the questions that we all discussed here on the board. He even told me straight out that even though we proved & showed to the court that she is not one reliable witness, etc, etc, etc after all the questioning, the judge might still rule on their side. However, this is not the case that I've read all over this forum. Any input ? - Since I've never been into a court, can you guys share with me the sequence of events on how the proceeding is from the minute you walk in. I might help me visualize and prepare myself mentally. - What kind of wording should I use if I don't think the witness is telling the truth ? - What kind of wording should I use after I am done questioning the witness ? - What kind of wording should I use if I don't agree with witness' answer ? Thank you for any responses !!!!
  4. - I was able to speak to 1 attorney over the phone. I explained him my situation, however, he told me that I don't have a strong case... even AFTER I quoted him all the questions that we all discussed here on the board. He even told me straight out that even though we proved & showed to the court that she is not one reliable witness, etc, etc, etc after all the questioning, the judge might still rule on their side. However, this is not the case that I've read all over this forum. Any input ? - Since I've never been into a court, can you share with me the sequence of events on how the proceeding is from the minute you walk in. I might help me visualize and prepare myself mentally. - What kind of wording should I use if I don't think the witness is telling the truth ? - What kind of wording should I use after I am done questioning the witness ? - What kind of wording should I use if I don't agree with witness' answer ? Thank you for any responses !!!!
  5. Do you have any section code for this argument ? I might have to use this "authenticated" business record for argument.
  6. I just found out about all these from this board. And all this time I was thinking of settling, so didn't put enough time to go the other way. Any other input that you can give me to prepare or ask at this point during trial ?
  7. My trial is set for this Friday. I'm guessing it's too late to file for discovery ?
  8. Will it be different if the one suing is OC, and not JDB ? And this witness Ms. Ruiz is an employee of this same OC. Also, can you list any other questions and law reference that you can think of ? Sorry to make you work , but I can use ALL the help I can to fight this off. I really really appreciate it !!!
  9. Ok, interesting... how are these statements authenticated ? And all these questions below that I quoted, have someone actually asked these in courts and when the other attorney object, the judge favor us and tell the witness to answer accordingly ? " OK, how do I know THIS document is part of "the records"? Who is this person "with knowledge"? How do you know they have knowledge? Was it checked for errors? Did you find it in the computer or did someone print it out and hand it to you? How secure is your computer? Has it ever been hacked? " This board is getting more exciting minute by minute ! Beats any law school I guess....
  10. flyerfan: Care to share what kind of information you requested ? This might help us fight... thanks !!
  11. flyerfan: Thank you for the detailed explanation and examples !! Really appreciate it ! For my case, the plaintiff sent copies of statements along with their ccp 98. And yes, these are duplicate copies from original statements. Do you think I could have any arguments about this ? And yes, in their ccp 98, these statements were said to be generated in the course of business. Does anyone in this board know any attorney that could help on this one ?
  12. Anybody has any comments, experiences (good or bad), etc with this law firm ? If you have used them, are you satisfied ? Here's a link to them http://www.fullmanfirm.com/
  13. Last resort question: Anybody can recommend an aggressive attorney that they or someone else had used that fights for us ?
  14. helpme or others : Can someone entertain me on what is the difference in the eye of the law between : prepared for the purpose of the litigation vs business record. And what does exactly means by "it is not a business record because it was not prepared in the regular course of business (but rather for the litigation)" ? Thank you for any input on these 2 items!! Really learned a lot !!
  15. Ok, thanks for the tips again. Yes, I'm aware this is business, and am treating it like one. Pardon all my newbie questions ! I never been to any court, so this will be the first time, and I can use some insights as to what kind of wording or procedures I should use when I start questioning Ms. Ruiz.
  16. Ok, thanks for the tips. Since they still have to work to get their money (even though they win), do they usually still open to reduced settlement ? The amount owed is 17K, and they are willing to settle for 9K. Next questions: so at this stage, are we just typically fighting for procedural alone ? And hope the judge rules in our favor and dismiss the case ?
  17. Ok, these are all good new information for me !! Going back to my question, do we have a recourse if the OC wins judgment ?
  18. If Dorothy were to respond by saying 'Yes' to that question (Were these statements generated for the purpose of this litigation?), does it mean we can object by saying "How do you know that these are of the same versions with the original copies" ?
  19. Ouuch, so in this case Midland won the case for 28K ?? Also, I'm wondering if anyone knows... in the case the OC gets judgment, where do we stand ? Are we lost completely ?
  20. Hey helpme, Thanks for the reply ! Wow, so she actually flew in from Arizona to attend your case ? Must be a big case ! And what is the outcome of your case if you don't mind me asking ? Also, if you win, what are the questions that you use to 'break down' her credibility in front of the judge ? And which court house were you tried ? I'll try to look up the thread with the list of questions you mentioned, should be able to find it. Thanks for any input, for you and many others here !
  21. Wow this is very useful info. I wish I had found this site long time ago. My court date is set for this Friday. I had served subpoenaed for Ms. Ruiz to appear, and filed an objection to declaration in lieu of live testimony. 1. Anything else that I can do at this point to better my position ? 2. If they win judgment, is there a way I can appeal ? Or I'm pretty much dead ?
  22. Is there anyone out here that have met Dorothy Ruiz in a court after serving your subpoena ? And did you win the case against Citi ? Any sharing would be really appreciated !!! Cheers !
  23. Is there anyone out here that have met Dorothy Ruiz in a court after serving your subpoena ? And did you win the case against Citi ? Any sharing would be really appreciated !!! Cheers !
  24. Hello alwaysthesun and others: Is there anyone out here that have met Dorothy Ruiz in a court after serving your subpoena ? And did you win the case against Citi ? Any sharing would be really appreciated !!! Cheers !