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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 POS-040 states the declarant as the lawyer and not the authorized agent in the beginning of the CCP 98. In the last page of CCP 98, it states: the declarant will be made available for live testimony at trial if defendant serves a notice to appear at trial (gives address that is within 150 miles, the address is to a law firm that files and serve legal process, one that was never mentioned in any previous papers). Then it says: "in lieu of service of a notice to appear at trial, defendant may mail same to plaintiff's counsel's office (the one in Sacramento) and the declarant will submit to the the jurisdiction of the court and appear at trial. My question is what should I counter with? What form? Today, I also received a DISC-015, that says: Request for statement of witness and evidence for limited civil cases (under 25k). How do I respond to this form as well? Thanks in advance.
1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? 3. How much are you being sued for? X,XXX.XX plus 24% attorney fees a total of $XX,XXX.XX a total of $16,000 4. Who is the original creditor? (if not the Plaintiff) Chase OC, sold to JDB, and Transfer to 2JDB Inc. 5. How do you know you are being sued? not properly served. 6. How were you served? drop sumons andcomplain on the mailbox no envelope or stamp. Papers on mailbox, no envelope or stamp. 7. Was the service legal as required by your state? No. the best reason to vacate a judgment would be improper service CA 1. In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing. 2. If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.) . 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? None 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) there copy of electronic statements says , 09 11. What is the SOL on the debt? To find out: 4 years Open-ended Accounts 337a Statute of Limitations on Debts 12. What is the status of your case? Pending Suit serve. Motions filed? YES 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? No 15. How long do you have to respond to the suit? Respond with General Denied Did you receive an interrogatory (questionnaire) regarding the lawsuit? YES Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? Summons, Civil Case Cover Sheet, Complaint – Contract, Cause of Action – Common Counts, Cause of Action – Breach of Contract, Declaration Pursuant to CCP395 ( Venue for Personal Family or Household Obligations, Notice of Case Assigment, Alternative DR Information. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== Status Right Now: Complaint Demanding Less than $10,000 filed by Plantiff.\nRefers to: Defendant Civil Case Cover Sheet filed by Plantiff.\nRefers to: Defendant Original Summons filed by Plantiff.\nRefers to: Defendant Summons issued. Case assigned to Department Case initiation form printed. Certificate of Service filed by Plaintiff. Proof of Service of 30-day Summons & Complaint - Personal filed by Plaintiff.\nRefers to: Defendant Case reassigned from C-XX to Judge effective 0X/XX/XXXX Motion to Quash (Civil) scheduled for 0X/XX/XXXX at XX:00:00 AM at Central in X-XX Request to Waive Court Fees filed by Defendant Motion to Quash Service of Summons filed by Defendant. Proof of Service submitted by Defendant rejected on XX/XX/20XX. Notice of Hearing About Court Fees filed by Defendant. Fee Waiver Hearing (Civil) scheduled for 0X/0X/20XX at 0X:X0:00 PM at Central in C-XX. Notice of Hearing SD generated. Opposition to Noticed Motion and Supporting Declarations filed by Plaintff. Declaration - Other filed by Defendant. Tentative Ruling for Motion to Quash (Civil) published. Proof of Service filed by Defendant. Matter taken under submission. Minutes finalized for Motion to Quash (Civil) heard 0X/XX/20XX XX:00:00 AM. Minutes finalized for Fee Waiver Hearing (Civil) heard 0/0/20XX Order on Court Fee Waiver After Hearing filed by Defendant Matter decided. Miscellaneous Minute Order Finalized. Clerk's Certificate of Service By Mail (Minutes Only) SD generated. ** DEFAULT COURT JUDGMENT RECEIVED ** General Denial filed by Defendant Proof of Service by Mail (Proof of service Denial filed by defendant) filed by Defendant Civil Case Management Conference scheduled The Civil Case Management Conference was rescheduled Civil Case Management Conference scheduled . Case Management Statement filed by Plaintiff. Case Management Statement filed by Defendant Due to case reassignment, any and all dates currently set in this case have been vacated. Case reassigned from Old Judge to New Judge Civil Case Management Conference scheduled . Discovery Hearing scheduled for 0X/XX/20XX Motion to Deem Facts Admitted filed by Plaintiff. Judgment by Default by Court (DEFAULT JUDGMENT PACKET) submitted by Plaintiff rejected on XX/XX/20XX.\nRefers to: Defendant Case Management Statement filed by Plaintiff. Civil Court Trial scheduled for 0X/XX/20XX at 0X:00PM before Judge Minutes finalized for Civil Case Management Conference heard 0X/0X/20XX X0:00:00 AM. Notice of Hearing SD generated. Opposition - Other (MOTION FOR FACTS AND DOCUMENTS DEEMED ADMITTED) filed by Defendant. Case Management Statement filed by Defendant. Notice - Other (of trial) filed by Plaintiff. Notice - Other (NOTICE OF INTENT TO CALL AS WITNESS) filed by Plaintiff. Notice - Other (NOTICE TO COMPEL ATTENDANCE BEFORE COURT AND BRINGING OF BOOKS, DOCUMENTS OR OTHER THINGS) filed by Plaintiff. Declaration - Other (OF CUSTODIAN OF RECORDS PURSUANT TO CCP SECTION 98) filed by Plaintiff. Declaration - Other (OF ACCRUED INTEREST PURSUANT TO CC 3287(a)) filed by Plaintiff. Declaration - Other (IN SUPPORT OF PLAINTIFF'S EXEMPTION FROM USURY LIMITATIONS) filed by Plaintiff. Declaration - Other (DECLARATION FOR COSTS) filed by Plaintiff. Declaration - Other (IN SUPPORT OF ATTORNEY FEES) filed by Plaintiff. Declaration - Other (OF : ATTORNEY UNAVAILABILITY) filed by Plaintiff. Memorandum of Costs (Summary) filed by Plaintiff. Proof of Service by Mail filed by Plaintiff. I already Filed a 2nd BOP, meet and confer,Disc-015, sub-001. Plaintiff did not send me c96 before the 45 of trial 4-15 and i send my on 3-25 the trial date is 4-19. i am still waiting for the response of BOP, subpoena POS. need help in the next step; how to respond to their disc-015 still pending 20-days to respond and all the statements they send me, plus what is that i need to request from them? 1. NOTICE TO INTENT TO CALL AS WITNESS 2. NOTICE TO COMPEL ATTENDANCE CCP 1987( 3. NOTICE OF INTENT TO PRESENT DECLARATION OF CUSTODIAN OF RECORDS a) DECLARATION OF ACCRUED INTEREST DECLARATION IN SUPPORT OF ATTORNEY FEES AS EVIDENCE c) DECLARATION OF CUSTODIAN OF RECORDS CCP98 d) DECLARATION OF ACCRUED INTERES CC3287 (a) e) DECLARATION OF SUPPORT OF ATTORNEY FEES i) DECLARATION OF Brighton Husing-Kline ATTORNEY UNAVAILABILITY MEMORANDUM OF COSTS (SUMMARY) AND (WORKSHEET)