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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 th
  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
  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
  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 t
  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. ------------
  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&9
  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 li