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Both cases have been fairly identical from a paperwork standpoint. I did miss the window of opportunity to serve the ccp 96, shame on me. Both cases are < $2500 and are out of Riverside County, CA. I am about a week from trial(both cases are on the same day) and I have reading through various posts trying to prepare myself and I am not sure how to proceed. For portfolio I received the ccp 98 and I hired a process server. I received the declaration from the process server today that they were unable to serve the witness. Is my best approach now the Motion in Limine or to wait till trial and object when the plaintiff introduces the declaration in lieu of live testimony? Do you file the Motion in Limine with the court and do I still have time? Or do you just bring it with you on the day of? For Equable I never received a ccp 98 and I have been checking the court website daily to see if it was filed. Should I assume they are bringing a witness? I did serve them with notice of non receipt of declaration in lieu of live testimony to protect myself in case they try to introduce at trial. What would my best approach be at this point? For the trial brief can anybody provide some examples as my cases are similar but the ccp 98 is throwing me off. Also do you file this with the court? Or do you bring it with you the day of? Thanks in advance for any help or advice that is provided
UPDATE I filed a Plea to Jurisdiction (shown later down in this thread..thanks to Texasrocker) with my original answer. It shows they havent proven the "facts" of their case they filed originally. I got a mediation letter from Judge a few days later...its in a sep thread. Posts 27,28 have the "facts" and questions listed. 10/14 UPDATE on Post 30 re Mediation denial /question. Plaintiff Refuses Mediation Ill be posting the Discovery and Interrog. later. we have 50 days to answer. I m hoping Plea to jurisdiction will get the Plaintiff to drop suit. to summarize: Got served last night by true service in Harris county TXfor plaintiff Equable ascent in Il, with an attny ( debt collection attny in Addison Tx) 4 hours away. They claim all the legalese stuff in the facts section. Have until 10/9th to answer court (I assume it is the admit deny thing). I plan on denying everything per everything I ve read on here. UPDATE: In Harris County, texas it is a GENERAL Denial of everything with no specifity. I m disabled, cant afford attny and dont make much any how. So they cant take anything of mine. But I still must answer. I told all my creditors when I grew sicker. Never hid it and offered to send docs reports of my shortened life expectancy and 100% disability. UPDATE: Sent a letter of insolvency No legal defense with that i know, but I never hid from them. . Wamu sold my card to Chase, I rebelled, cancelled bank accounts, and stopped card use in 08-09. SOL is 4 years here. Equable says it was 12/31/10 charged off. I cant remember what happened then because I became sicker. I was on disability and working part time back then. ( income of 24,000) wamu gave me a card of 5000.00 limit. I never went above 4000. In clearing credit reports, I got sued by equable, then got a settlement letter for XX0 and 6XXX respectively within one month of debt validation request. the settlement letter came after they filed suit and hadnt served me. The papers served the usual legal caselaw.. sounds scary but I m sure thats the point. They want 15 points of discovery/production of documents or phone calls to prove. I cant. whether I dont own it or have no memory or they didnt do it. ( I have traumatic brain injury that is increasing memory loss and on alzheimers meds since 2 years ago at 45.) I plan on denying and asking them to prove it as Brunos posts have suggested. they also have 27 points they want answered. again the same situation. Examples below: Like I didnt make any objection to fees or interests or payments ... ( if I admit I did then I admit I own it right? Or if I deny it, wouldnt that disqualify me from same standpoint? cant I deny it saying basically...sez you, prove it?) OR Defendant made use of the acct as identified in Plaintiffs OP and defined herein to make purchases and or obtian cash advances within four years immediately preceeding this lawsuit was filed ( 8/15/12 filed, served 9/24/12) Card was supposedly closed 12/10 but I used it only in 08ish. So statute of limitations is in play I think. But I have no records. I want them to prove it to me. How do I phrase that? UPDATE>> CR says last use is 5/2010. I m disputing. Cindy