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Feeling Discouraged-told to settle


mollymai
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I just received a call from a lawyer hoping that I finally got the help that I deserve and was told to settle, because in so many words I do not have a case, this is the second time I was told to settle :confused:. I have seen on these boards that individuals has had victory on their trial date. Mine is coming up in December and just the thought of going in there pro per is scary. I am trying to not be discouraged because of the positive I have read here.

My case is with Cap 1 the oc. I received a trial brief from ther lawyer with a declaration in lieu of testimony and statements. I sent them a CCP 96, but have not heard from them yet. I am tired an frustrated from going through with this.

Any help would be really appreciated. Thank you in advance

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Edit that and just call it $7,500.

"Your honor, the user known as mollymai on CIC posted the exact amounts that we are asking for in this suit, down to the penny. In another post, mollymai stated..."

EDIT: Can we get a sticky thread titled, in caps, DO NOT POST YOUR NAME, EXACT DOLLAR AMOUNTS OR OTHER IDENTIFYING INFORMATION?"

Edited by usagi555
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Thank you

You're welcome. I used the affiant's blog against Citibank when they came after me. You bet your behind that the other side would do the same to you or I or anybody else on here. This is here for the public to see, so you need to revel in anonymity.

Edited by usagi555
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Edit that and just call it $7,500.

"Your honor, the user known as mollymai on CIC posted the exact amounts that we are asking for in this suit, down to the penny. In another post, mollymai stated..."

EDIT: Can we get a sticky thread titled, in caps, DO NOT POST YOUR NAME, EXACT DOLLAR AMOUNTS OR OTHER IDENTIFYING INFORMATION?"

I SECOND THAT!!! COME ON PEOPLE!!! :fart::spank:

You want to be a "peto nel vento"..... :wink: and if you know what I said, you will :hah:

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Crazy! They do that? whoa.

Of course they do. I wasn't a member at the time, but there was one member who showed up to court and had posts from here entered into evidence against her. The internet is like a treasure trove for some attorneys.

Back on topic:

Mollymai, what you should do depends on a lot of things and is a decision that only you can make. How much risk are you willing to take? Do you have the moxy to take this all the way to trial and go toe to toe with a licensed attorney in front of a judge? What evidence do they have? Are you judgment proof? Once you've answered these questions for yourself, along with a few other questions, we can begin to help you. Maybe I can offer assistance or maybe not, but you will find help here. Crap1 is going to be a lot tougher than a JDB, but they can be beat.

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Of course they do. I wasn't a member at the time, but there was one member who showed up to court and had posts from here entered into evidence against her. The internet is like a treasure trove for some attorneys.

Back on topic:

Mollymai, what you should do depends on a lot of things and is a decision that only you can make. How much risk are you willing to take? Do you have the moxy to take this all the way to trial and go toe to toe with a licensed attorney in front of a judge? What evidence do they have? Are you judgment proof? Once you've answered these questions for yourself, along with a few other questions, we can begin to help you. Maybe I can offer assistance or maybe not, but you will find help here. Crap1 is going to be a lot tougher than a JDB, but they can be beat.

I don't own any property, I am going to court, just don't want to get a judgment just because I did not show up. There evidence consist of statements, and a CCP 98.

Edited by mollymai
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There are very few people who wouldn't be scared and nervous as all hell when going through what you're going through. At the very least, it is extraordinarily stressful.

It's too bad you're not still in the discovery phase, because we could have some real fun, but c'est la vie. I'm not nearly as familiar with Cali law as a few other posters on here, so if I start talking about it, take it with a grain of salt and absolutely verify anything that I say independently. You would be a fool to do otherwise.

When you say that they have statements, do they have a complete accounting, or is it just a partial accounting? If it is just the latter, you might want to see if it is too late to send them a BOP, unless of course you already have. This close to trial, I don't know.

Also, I would definitely want to subpoena that witness.

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There are very few people who wouldn't be scared and nervous as all hell when going through what you're going through. At the very least, it is extraordinarily stressful.

It's too bad you're not still in the discovery phase, because we could have some real fun, but c'est la vie. I'm not nearly as familiar with Cali law as a few other posters on here, so if I start talking about it, take it with a grain of salt and absolutely verify anything that I say independently. You would be a fool to do otherwise.

When you say that they have statements, do they have a complete accounting, or is it just a partial accounting? If it is just the latter, you might want to see if it is too late to send them a BOP, unless of course you already have. This close to trial, I don't know.

Also, I would definitely want to subpoena that witness.

The account is blocked out except for the last four, but in the discovery they did have the whole account number. I have not sent them a BOP.

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The account is blocked out except for the last four, but in the discovery they did have the whole account number. I have not sent them a BOP.

OK, but did they provide all billing/account statements back to the first one, or did they only provide a few? If they did not provide enough statements to satisfy a BOP, it would be really nice if somebody knowledgeable enough to tell you whether or not it is too late would chime in. If sending a BOP (CCP 454) is still an option and they only provided a few billing statements, it could really throw a wrench in their case.

If you can't tell, I'm jealous of Cali for having CCP 454.

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OK, but did they provide all billing/account statements back to the first one, or did they only provide a few? If they did not provide enough statements to satisfy a BOP, it would be really nice if somebody knowledgeable enough to tell you whether or not it is too late would chime in. If sending a BOP (CCP 454) is still an option and they only provided a few billing statements, it could really throw a wrench in their case.

If you can't tell, I'm jealous of Cali for having CCP 454.

They sent a few. They did not send ones from very beginning.

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They sent a few. They did not send ones from very beginning.

Now then, the question becomes one of whether or not they can provide enough statements to satisfy a BoP. The BoP would put a time limit on them providing the statements even if they have them. Otherwise, they very well may provide them at the last possible minute. At the very least the BoP would tell you what you'll have to deal with. If it is not too late to send one, it would still be a good idea, but I would not rely on it alone. They might just pony up.

Do you really think that the person who's affidavit was filed under CCP 98 really lives within 150 miles? I would personally call their bluff, but I would also be ready to start formulating a whole mess of questions in the unlikely event that it wasn't a bluff.

Edited by usagi555
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Now then, the question becomes one of whether or not they can provide enough statements to satisfy a BoP. The BoP would put a time limit on them providing the statements even if they have them. Otherwise, they very well may provide them at the last possible minute. At the very least the BoP would tell you what you'll have to deal with. If it is not too late to send one, it would still be a good idea, but I would not rely on it alone. They might just pony up.

Do you really think that the person who's affidavit was filed under CCP 98 really lives within 150 miles? I would personally call their bluff, but I would also be ready to start formulating a whole mess of questions in the unlikely event that it wasn't a bluff.

The witness has an address located in San Jose prior to 20 days of trial, but stated they live in VA and the form was executed in VA. Also does it need be notorized? because it is not.

Edited by mollymai
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The witness has an address located in San Jose prior to 20 days of trial, but stated they live in VA and the form was executed in VA. Also does it need be notorized? because it is not.

I don't know about the notarization bit in Cali, but I would be doing some major bluff calling.

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The witness has an address located in San Jose prior to 20 days of trial, but stated they live in VA and the form was executed in VA. Also does it need be notorized? because it is not.

make sure you reference the CCP 98 declaration on the subpoena(look I saved you a post VLDCA:)) and have a trusted friend serve it to the address(you in the car taking picture of service). then prep for trial. The witnesses declaration has to say under penalty of perjury...State of California..... in accordance with CCP 2015.5 and the have to have relevant foundational knowledge.

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Send a BOP to them...at the same time you'd want to serve the subpoena on the VA affiant...I'll bet that they tell the process server that the person being subpoenaed is not there...have the process server fill out his/her declaration.

If they try to introduce the affidavit via CCP 98, then object since the affiant could not be served.

As far as not being notarized, if it's signed under penalty of perjury in the state of California, then the judge will probably allow it.

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