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Showing results for tags 'ccp 1987'.
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:
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