BayChick Posted November 10, 2009 Report Share Posted November 10, 2009 Ill give a quick summary and then ask my questions.. Thanks in Advance I received summons from JDB ( Capitol Fortis LLC) and we went to court on Sep.1st, there was a rent a lawyer there and he asked the judge for 120 days for his "client" witch is Dec.11 th because they would need time to collect evidence etc... I reponded to there Interrogatories and Admissions, and sent them my own set witch they of course replied with " at this time we have no evidence, where working on it"... since then i hadn't received anything until, a few days ago this is what i received: 1. Request for Dismissal, stating both our names bu then it also says "All causes as to action for (my husband) only" who we belive was an authorized user. 2. A Request for statement of witness and evidnece" and 3. A declaration of authorized agent in lieu of witness testimony. I lost a previous case with the in lieu i tried to tell the judge the person lived to far, he said it didnt matter. Also in this packet they also sent witch they sent before "evidence" witch is 2 purchase of sales from JDB's, a claim summary, and calculation of interest in legal.Before they had sent what looked like some sort of Credit Report. What should my next step be? What would any of you do? I really want to be prepared and take any steps i need now to not lose..THANKS YOU SO MUCH AGAIN!!!! Link to comment Share on other sites More sharing options...
admin Posted November 10, 2009 Report Share Posted November 10, 2009 Ill give a quick summary and then ask my questions.. Thanks in Advance I received summons from JDB ( Capitol Fortis LLC) and we went to court on Sep.1st, there was a rent a lawyer there and he asked the judge for 120 days for his "client" witch is Dec.11 th because they would need time to collect evidence etc... I responded to there Interrogatories and Admissions, and sent them my own set which they of course replied with " at this time we have no evidence, where working on it"... since then i hadn't received anything until, a few days ago this is what i received: 1. Request for Dismissal, stating both our names bu then it also says "All causes as to action for (my husband) only" who we believe was an authorized user. 2. A Request for statement of witness and evidence" and 3. A declaration of authorized agent in lieu of witness testimony. I lost a previous case with the in lieu i tried to tell the judge the person lived to far, he said it didnt matter. Also in this packet they also sent which they sent before "evidence" witch is 2 purchase of sales from JDB's, a claim summary, and calculation of interest in legal.Before they had sent what looked like some sort of Credit Report. What should my next step be? What would any of you do? I really want to be prepared and take any steps i need now to not lose..THANKS YOU SO MUCH AGAIN!!!!Once the deadline as past, if they don't submit discovery, file a motion to compel and a motion for summary judgment. Link to comment Share on other sites More sharing options...
BayChick Posted November 10, 2009 Author Report Share Posted November 10, 2009 And that should get filed in the court? And that is in response to their answers being incomplete right? Now in there statement of witness and evidence, they ask for description of anything i tend to bring to trial, should i sent them anything?Hope these questions aren't dumb, just really don't want to lose this! I appreciate everybody's input!! THANKS AGAIN!! Link to comment Share on other sites More sharing options...
BayChick Posted November 11, 2009 Author Report Share Posted November 11, 2009 I appreciate anyone and everyones advice, Thanks!!! Link to comment Share on other sites More sharing options...
BayChick Posted November 11, 2009 Author Report Share Posted November 11, 2009 What would any of you do with this? What should be sent? And are they only dismissing the case against my husband? I dont want to lose this case, so Thanks Again! Link to comment Share on other sites More sharing options...
calawyer Posted November 12, 2009 Report Share Posted November 12, 2009 Here is a previous post of the declaration in lieu. If it does not answer your question, post again: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=295820&highlight=lieu Link to comment Share on other sites More sharing options...
BayChick Posted November 17, 2009 Author Report Share Posted November 17, 2009 Thanks So much for your Responce, Ive been going over papers and do have some questions, but also this is what i have so far...In their Decleration of Authorized agent in lieu of testimony, the agent is admits to being a qualified custodian of records of plaintiff ( JDB Fortis Capital). It says she has viewed the books related to Washington Mutual credit card in name. In the "evidence" amongst Calculation and another Bill of Sale is one between Washington Mutual and "Atlantic Credit & Finance Unit LLC", then one between " Atlantic Credit Finances & Fortis Capitol LLC" NO name, NO Account and a piece of paper with my name adress, city and Wahington Mutual Accocunt, Principal Balance, and Assignee "fortis capitol" it looks like something ANYone can print. Now the "authorized agent" also signed for Verification on the papers i served them for Production of Documents witch states shes in Orange County, yet in the Declaration in Lieu she writes " Berkeley,Ca" witch is only 30 miles away. PLEASE HELP!!! What should i do with this? I hope i made this as simple as possible, I dont want to loose this!! Also If i was to Serve Notice to Demand to Appear at Trial,would this be done at trial (Dec.11th) or before? Thanks AGAIN!!! SOOO MUCH You've ALL Help So MUCH ALready!!!!!!! Link to comment Share on other sites More sharing options...
calawyer Posted November 21, 2009 Report Share Posted November 21, 2009 Hard to say without actually reading the declaration myself, but it seems as though the witness does not have foundation to make the declaration. She is employed by the plaintiff yet she has viewed the documents of the OC? That's like me saying that I have reviewed YOUR records. Nice, but I don't know which of your documents are accurate because I don't know you and I don't know your documents.Do they give an actual address or just "Berkeley, Ca? If there is an actual address, get a Notice to appear ready. It must be served before trial. Check the rules of court or ccp for the deadline. If you can't find it I'll post it later.If not, they have not complied with the code. You could sit back and argue that the declaration is ineffective because there was no address where the person could be served or you could write to the plaintiff and point that out. If you do the latter, and no address is provided in time for you to serve a notice, I think the Judge would not allow the declaration into evidence. Link to comment Share on other sites More sharing options...
BayChick Posted November 21, 2009 Author Report Share Posted November 21, 2009 Thanks You CALAWAYER!! So i did some googling on the address: 2721 Shattuck Ave #221, it comes up as a tax exempt not for profit group, and without the #221 a storage unit comes up and a consulting firm that does web development. What do you think the best step is?Trying to get a Motion to Appear? Thanks a Mill Link to comment Share on other sites More sharing options...
BayChick Posted November 22, 2009 Author Report Share Posted November 22, 2009 Cant find a time limit on that Motion to Appear...can someone send me in the right direction? ThankS:)++ Link to comment Share on other sites More sharing options...
calawyer Posted November 23, 2009 Report Share Posted November 23, 2009 If the witness is an officer, director, or managing agent of a party, 1987 ( applies and you only need to give 10 days' notice. I would do it 20 days beforehand, however:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1985-1997 Link to comment Share on other sites More sharing options...
BayChick Posted November 23, 2009 Author Report Share Posted November 23, 2009 So do you think i have good reason to file a Notice to Appear?I should file at court, and also sent them a copy, right? And it should be sent to the lawyers office since she states she works there... Cant say THANKS enough really!!! Link to comment Share on other sites More sharing options...
BayChick Posted November 23, 2009 Author Report Share Posted November 23, 2009 Also, Could i possibly Motion to Strike her Declaration, based on her employment with the plaintiff and not the OC? Link to comment Share on other sites More sharing options...
unusualsuspect Posted November 23, 2009 Report Share Posted November 23, 2009 Before moving to strike her "testimony," you'll need to lay foundation...1. Subpoena her employment records - you need to establish that she's never worked for the OC and cannot have personal knowledge of their bookkeeping practices.2. Subpoena her job description- does she make these affidavits as part of the normal course of her work? Is this a one off request? 3. Subpoena her supervisor to confirm the answers to the above questions. If you do this (and assuming the other side won't object) then depending on the answers, you can move to strike the testimony as hearsay. She cannot have knowledge of another company's business practices. Link to comment Share on other sites More sharing options...
calawyer Posted November 24, 2009 Report Share Posted November 24, 2009 According to 1987 (, if the declarant is an officer, director, or managing agent of the plaintiff, you can do a notice to appear and just serve it on the plaintiff's attorney. If not (ie if he/she is just an employee), then you must do a subpoena. A subpoena must be served personally. A process server will do it for a fee. Link to comment Share on other sites More sharing options...
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