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Found 15 results

  1. Enjoy: http://caselaw.findlaw.com/ca-superior-court/1632471.html Big shout out for Fred Schwinn, a tireless, excellent, debt collection defense attorney.
  2. I am in a serious predicament In CA. I have trial on January 12, 2015. I sent discovery they sent discovery. They had nothing but generic paperwork and some statements. I thought would show up next month and argue my case based on the evidence. I didn’t think I’d hear from them and never prepared for more or did a trial brief etc. I figured I’d go in and argue the evidence in person. Then, yesterday via mail I received a CCP 96 including a CCP 98 from a Unifund Authorized representative Doug Hallock. I wasn’t worried UNTIL I saw that now they have included all of the sudden a Notarized
  3. Hi All, Its been a long time since I've checked in. I did a little browsing on westlaw earlier today, and found a few federal decisions that viewed the Rocha and Rodgers cases unfavorably. As general matter, how are limited civil courts ruling based on this law when the affiant is found to be more than 150 miles away? Perhaps this is a question for Calawyer and Sandinca?
  4. Hi, I have been sued by Midland Funding LLC and I've been doing the pre-trial litigation work past couple of months. I just received CCP98 from Midland Funding LLC in San Diego. Anybody heard of Monica Maxwell? She seems to be the person who has knowledge of the evidence in the discovery.
  5. Hello to all, I'm hoping you all can help me. Your help is most appreciated. I received a packet: CCP 98. It came with 2 exhibits, statements and bill of sale that does not say my name nor account. The CCP 98 starts with, "I ______, do hereby declare as follows: I am an authorized agent and duly qualified of records of the Plaintiff..." The trial is next month (2/24/15) in Los Angeles, California. However, the CCP 98 document was executed at Denver, Colorodo, which is over 150 miles of the court. And the law office of the plaintiff is located in Sacramento. The other odd part is, the
  6. Hi, All. Does anyone have a reliable process server they can recommend (based on past personal experience) in the Greater San Diego area? I need to have a subpoena served on a JDB employee there. The job will require that they attempt personal service up to (3) times before leaving it with anyone else, sending me an Affidavit of Due Diligence (preferably in both electronic and hard copy form), and do it all in a very timely fashion. Any leads are very much appreciated, particularly if you can tell me a little bit about your experience with the company or individual being recommended.
  7. Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd
  8. Mates: I'm defending my uncle in a lawsuit by AMEX and have a question for you all... Are there any significant differences in how I should approach the upcoming trial since I am dealing with the original creditor? They filed a CP 98 and I will attempt to have Linda Salas served in the coming days, but obviously, she won't be there. The process server will give me a declaration indicating that she wasn't there, and I will object to her declaration in lieu of testimony at trial. From what I can gather, they will have no legs to stand on at this point, and it should be a directed verdict. A
  9. A new case was published today by the Appellate Division of the Superior Court in Southern California. It follows Target Bank v. Rocha and reverses a trial court judge who thought Target v. Rocha was wrong. Here is a link: http://www.courts.ca.gov/opinions/documents/JAD14-11.PDF I will post the official citation when we get it. Kudos to Ian Chowdhury, a NACA member in Southern California for doing such a good job.
  10. 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:
  11. Uh-oh, preparing my MIL and trial brief and just realized the subpoena was supposed to be filed with the clerk! Process server attempted service (failed of course) and i thought i was ready to go but just came across this. What to do? trial is next monday. Theoretically could file it in the morning and have them attempt service on tues weds thurs then file MIL on friday. Trial brief needs to be filed and served 5 calendar days (weds) so im unsure how to incorporate the MIL in that any advice? burning the midnight oil tonight. Will be consulting with clerk in the morning, but wanted to ga
  12. Just got back from court. Not a bad outcome but not what I'd hoped which was of course win or dismissal. The rent a lawyer, Stuart Rine shows up and wants to put me on the stand because of my admissions (I admitted my address and that I had the card) Then he blathered on about the witness not being served. The judge said its right here, she did, better get your docs from your boss in order. Haha The judge was pretty mean, told me this wasn't a game (no idea what he meant by that). I explained that I had tried to work things out with OC, they agreed to reducing interest from 28% (they slammed m
  13. If I served plaintiff, midland funding, with 1987 notice to appear, ( i mailed 30 days before trial) nd the same day I received ccp 98, in lieu of live witness (yes, you know that one, where there is an address 150 miles within court house along with 4 other addresses all over California) do I still need to subpeona affiant in ccp 98? Does 1987 trump 98???? I just can't seem to get past my frustration that an affiant/ witness can be legally allowed to say she will be available in 5 different places for 20 days before trial in ccp 98 where it clearly states personal service only. Unless she has
  14. I had a tough time understanding this concept and I wanted to make an attempt to clear it up for the people that come after me since I see it a lot. Once it clicked for me it really changed how I need to fight my case: I know how it may seem. You send off a doc request and they send back paperwork and then your heart sinks thinking "oh god, they have all this evidence??!!!!" These cases from the JDB, and even some OC, are not made JUST on the docs they have. It's made or broken on the fact that they HAVE to get a witness to court to testify about the proffered docs. They could have every bit o