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Found 10 results

  1. My trial date was today. I served a subpoena on the declarant in the Plaintiff's CCP 98 which was delivered Friday. The lawyer for the JDB claimed he had no notice of the subpoena and therefore not enough time to get the witness to appear. They asked for a continuance. I objected saying that the declarant should have been at the stated address for the 20 days preceding trial. The fact that they were not there to receive personal service doesn't affect the fact that the subpoena was issued properly. (The process server left the subpoena with the receptionist who promised to "email" it the declarant right away and provided me with a proof of non-service.) The judge agreed with the Plaintiff and gave the JDB a 45-day continuance saying that a subpoena must be served with a "reasonable time" for the witness to prepare. My question is that now that the trial has been continued, can I issue a CCP 96? I didn't do this previously, but now I would like to lock in their witness and exhibits so that I can prepare proper motions against them.
  2. Writing my trial brief now... its due really soon. Plaintiff missed responding to CCP96 and I am motioning to preclude all evidence. However, they did provide some of the usual garbage to a BOP request. not sure whether to address this or not in the brief. I'm anticipating they will fail to file a brief so im trying to be as concise as possible
  3. midland/asset acceptance case i did a BOP way back when and got the usual garbage. Based on previous experience i knew the full discovery would likely yield similar results. so i kinda disappeared like 'a fart in the wind' per ASTMedic. Its coming up on time to do my CCP96 and i was wondering if its worth it to do a simple RFPOD or ROGS/admissions or just skip to the CCP96. obviously at this point in the game i wouldnt be doing a motion to compel on discovery due to timing also re: CCP96, is it generally considered best to file near the front of the 45 day window or closer to the 30-day deadline. (in regard to giving best advantage vs plaintiff in regard to their response and timing) thanks as always. last of 5 cases, trial in mid-december....
  4. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  5. i am sending a ccp 96 to midland/asset who changed their attorneys case was started by fulton, friedman, and gullace, and in the spring i got a letter from MCM (midland credit management) saying that they were taking it internally, and all correspondence should go to their po box in warren michigan they shortly thereafter filed a substitution with the court and listed an attorney at midlands snyder/harris/brown/mcelroy office in san diego who should i serve? the lawyer on record with the court in san diego? the po box in michigan? both?
  6. Hi, I have been sued by Hunt and Henriques, and it's now around 35 days until Trial. Since I am a senior citizen and in bad health, I am looking for any kind of help I can get with drafting a motion to continue trial due to my health condition. I can barely walk even with a walker, and have numerous other physical conditions and am wondering if those would be valid grounds to get a continuance. Also, I have a question on how to object to one of Plaintiff's requests in their RPD (the CCP1987 one). The first two, I think I can handle, but the third has left me confused. But, first, here is the lawsuit background: 1. Who is the named plaintiff in the suit? Citibank, N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? in the neighborhood of $6,000 4. Who is the original creditor? (if not the Plaintiff) Citibank (South Dakota), N.A. 5. How do you know you are being sued? (You were served, right?) Found out on Court's online site after someone unknown showed at my door. I did not answer the door that time. Strangely, the process server never stopped by again, but filed a proof of service with the Court, nonetheless. Sadly, I lacked knowledge at the time to file a motion to quash service, so I filed an answer and stated in one of my affirmative defenses that I was improperly served. 6. How were you served? (Mail, In person, Notice on door) I was not. I think they call that 'sewer service' 7. Was the service legal as required by your state? It wasn't legal, but I am guessing it is too late now. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I may have sent a debt validation letter, but I am not sure. 9. What state and county do you live in? Sacramento County, Sacramento California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) the Plaintiff is alleging 2010, but they sued in 2011, unfortunately. 11. What is the SOL on the debt? in California, 4 years, but the lawsuit stopped the clock. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Complaint, Summons and Proof of Service filed Answer Filed Long Period of inactivity CCP 98 Declaration Filed (without a trial date or me even sending a CCP 96) Another period of inactivity Plaintiff files a Limited Status Case Memorandum and gets a Trial Date At this point, I served some discovery on them (Form Rogs and request for documents as set one, then Request for Admissions as set two). They have responded to the Form Rogs and request for documents, and still need to respond to request for admissions). Then, I sent them a CCP 96 request (I think around 42-43 days before Trial) and the Objection to their CCP 98 (since they had filed it with Court). The day they got the CCP 96 request for me and the object, their Lawyer sent their own CCP 96 via overnight delivery and has also sent me a notice to compel appearance and produce documents (CCP section 1987). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I might have, but I honestly don't remember. My memory has really gotten downhill with my age. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Responded within 30 days back when I was sued. They sued on Common Counts/Account stated. Plaintiff never sent any discovery to me. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. But they sent years worth of credit card statements as responses to my discovery requests. They have also sent a CCP98 declaration in lieu by Dorothy Ruiz, which was the one I objected to. **** I have really wanted to hire a Lawyer but have no income to do so. I am over 70 years old and in poor health, and ther is nothing for the creditor to take. I get by with help from my family. I think it really is the sense of pride that keeps me from wanting to stop them from getting a judgment. Aside from needing help in regards to writing a motion to request continuance (can I base it on grounds of my illness as well as wanting to retain a pro-bono attorney, if I ever find one?), I am unsure how to respond to Plaintiff's request to produce documents (CCP 1987). There are 3 requests, and I have attempted to respond to #1 and #2, but the #3 is the one that is giving me a lot of trouble. Here are the requests and my responses: REQUEST NO. 1: All documents sent by defendant to plaintiff regarding defendant's credit account with Plaintiff. RESPONSE TO REQUEST NO. 1: Objection. Documents of this sort should already be in control of the Plaintiff. Plaintiff is on a fishing expedition. Burden of proof in this case rests on Plaintiff. The production of all documents sent by Defendant to Plaintiff is overly broad, as the case to date has many documents. The making of copies for Plaintiff who have all the same documents from the case file would create undue burden for Defendant who has limited resources. REQUEST NO. 2: All documents sent by plaintiff to defendant regarding defendant's credit account with plaintiff. RESPONSE TO REQUEST NO. 2: Objection. Documents of this sort should already be in control of the Plaintiff. Plaintiff is on a fishing expedition. Burden of proof in this case rests on Plaintiff. The production of all documents sent by Plaintiff to Defendant is overly broad as the case to date has many documents. The making of copies for Plaintiff who have all the same documents from the case file would create undue burden for Defendant who has limited resources. REQUEST NO. 3: All documents supporting the affirmative defenses alleged by defendant. RESPONSE TO REQUEST NO. 3: ????? (I do not know how to answer this one) Thanks!
  7. I send BOP there answer was need to send 2nd BOP to Brighton Hushing, is it two late to send the the second before i file motion to preclude. Ojection: A Bill of Particulars in not appropiate in an action allegin an "account stated" since the items upon which an acccount is based are deemen merged and there is nothing left to itemize. Objection: A Bill of Particulars is not appropiate tool for a count based on breach of contract. Objection: A Bill of Particulars is not the proper method by which a description of the account, including the items and details is to be obtained. -------------------------------------------------------------------------------------------------------------------------------------------------------------------- my trial in almos here. and still need to send them the motion to proclude, request for witness c96 and subpoena. they are collecting from chase, who sell to Global Acceptance Credit Company and then transfer to GCFS inc. they send me a copy of one year statements,Contract,Affidavit of Sale, Affidavit of Correctness. (not originals only copies) From Texas and Florida. and declaration of Custodian of records from 100 miles away from court, but GCFS inc has the main office in El Paso Robles, CA witch is more than 150 miles from court.is violating c98 I allready received from them c96 and need to send mine to,
  8. I sent request for CCP96 to PL on 12/09 and got a response back on 1/4 (they put it in the mail on 1/2). I know they have 20 days +5 days mailing. If I am figuring this out right they are either one or 2 days late. Since it was due on 1/3 and wasn't there is that 2 days late? Also do I need to do a motion for it being late or just bring it up when they try and introduce evidence or witnesses? Thanks.
  9. Gentlemen/ Ladies, Can anyone teach me in a very plain simple way, how to make use of CCP 96, 98 and even CCP 1987 to get the best possible for defendant against JDB ? I read and heard about the "within 150 miles" issues, but I am confused how to handle differently to witness within/ & beyond 150 miles distance? Also, when is a good time to send CCP96 & 98 ? My feeling is if too close to the trial, defendant will not have sufficient time, then, when is it considered to early that the plaintiff JDB simple refuse to reply? Last, CCP 1987, how does it applies to work with 96&98 ?? Million thanks
  10. *UPDATE - UPDATE - UPDATE* Looks like Midland is requesting to dismiss the case! See Post #20... Ok, my trial is set for May 24, 2013 (Civil Trial Assignment). Seventeen days away. I've pretty much done things half-heartedly up til now - and now I'm a mess. Yes, my own fault in not attacking this thing head on. Today I tried to file a Graduated Sworn Denial on Account and the clerk said that "Never seen one of these before, this looks like an Answer...we can't file this" she had me confused when I left the courthouse empty handed and back home feeling downtrodden. Since I don't feel like I know enough and time is short (still working on My MIL and Trial Brief with help from ASTMedic and Aticnib's great posts) I'm beginning to wonder if it's realistically too late to win with any possibility and maybe I should bluff my way to a greatly reduced settlement. Question #12 in my Q&A below explains what I've done/sent so far. Where do I go from here? What should I do. I'm lost. Any responses or help is so greatly appreciated! (scared in Sac)... Pint