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How to file a subpoena deuces tecum...?


tigger
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Lucky us...! Recently served with all the joy that is a CCP98 by plaintiff's attorneys. :roll: This after their response to the BOP being woefully insufficient.

In fact, I was in the process of drafting a motion in limine to preclude them from presenting more evidence (based on their failure to comply w/the BOP). My plan was to file it AFTER the holidays. I had jury duty this time last year and know the court is kind of a ghost town this time of year. Apparently plaintiff and their attorney's knew that, too..and pulled this crap. :evil:

(thinking they would scare and blindside us prior to the holiday....they're just making me madder)

Some alleged affiant (the jdb suing us used a dead person as their robo-signed affiant for many years) with a downtown la address to serve subpoena to. Oh the address is another collection agent :roll: Exhibit A are a bunch of random print-outs, alleged to be validated statements, by their alleged affiant....Again...:roll:

They didn't serve any discovery, nor have they PROVEN this is my relative's account.

They FAILED to prove assignment, AND their standing to sue on this alleged debt.

So, after reading through other's threads on being served CCP98's....I know I need to serve a subpoena deuces tecum to the mystery affiant. I would appreciate any instructions on how to do this, as well as....

1. When? Best timing to serve prior to trial?

2. If I want any and all paperwork that results from subpoena (in the event that the alleged affiant is not present at alleged address)...what do I need to do prior, to insure I receive that?

3. Do I need to give them any head's up regarding the subpoena (as I read about someone here who did not, and got to trial and the plaintiff's attorney's had no clue their bogus affiant was even served).

4. How do I go about getting these ridiculous, bogus print-outs striken?

5. ...and finally....Is there a way at this point, to hold them accountable for taking advantage of the system and presenting evidence this late in the game?

Oh and in case I failed to mention, need California specific information. Thanks so much!

:)++

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Lucky us...! Recently served with all the joy that is a CCP98 by plaintiff's attorneys. :roll: This after their response to the BOP being woefully insufficient.

In fact, I was in the process of drafting a motion in limine to preclude them from presenting more evidence (based on their failure to comply w/the BOP). My plan was to file it AFTER the holidays. I had jury duty this time last year and know the court is kind of a ghost town this time of year. Apparently plaintiff and their attorney's knew that, too..and pulled this crap. :evil:

(thinking they would scare and blindside us prior to the holiday....they're just making me madder)

Some alleged affiant (the jdb suing us used a dead person as their robo-signed affiant for many years) with a downtown la address to serve subpoena to. Oh the address is another collection agent :roll: Exhibit A are a bunch of random print-outs, alleged to be validated statements, by their alleged affiant....Again...:roll:

They didn't serve any discovery, nor have they PROVEN this is my relative's account.

They FAILED to prove assignment, AND their standing to sue on this alleged debt.

So, after reading through other's threads on being served CCP98's....I know I need to serve a subpoena deuces tecum to the mystery affiant. I would appreciate any instructions on how to do this, as well as....

1. When? Best timing to serve prior to trial?

2. If I want any and all paperwork that results from subpoena (in the event that the alleged affiant is not present at alleged address)...what do I need to do prior, to insure I receive that?

3. Do I need to give them any head's up regarding the subpoena (as I read about someone here who did not, and got to trial and the plaintiff's attorney's had no clue their bogus affiant was even served).

4. How do I go about getting these ridiculous, bogus print-outs striken?

5. ...and finally....Is there a way at this point, to hold them accountable for taking advantage of the system and presenting evidence this late in the game?

Oh and in case I failed to mention, need California specific information. Thanks so much!

:)++

Do not give them a heads up. I served mine 10 days before the trial. Of course the witness was not there and never heard of. I got the person name I left the supoena with and informed them it was a supoena for the witness. You are going to need to prepare a mil stating the witness was not there and for them to deny the declaration in court. My mil was faxed to the atty that Thursday before the trial date and they dismissed w/o prejudice that same day.

Forgot to mention the first thing I sent a CCP96 they never responded to.

Edited by mollymai
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I served mine 10 days before trial but I subpoenaed the person's job description, employment records, photo ID, my original statements, original agreements etc etc. Everything I could think of. Of course that person wasn't at the address she claimed she would be at 20 days before court so when I got the subpoena back unable to be served I wrote a motion in limine 5 days before trial and I sent it priority mail. My case was dismissed before trial and I have no idea what exactly this dismissed it on. But that woman in the declaration never showed up.

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Do not give them a heads up. I served mine 10 days before the trial. Of course the witness was not there and never heard of. I got the person name I left the supoena with and informed them it was a supoena for the witness. You are going to need to prepare a mil stating the witness was not there and for them to deny the declaration in court. My mil was faxed to the atty that Thursday before the trial date and they dismissed w/o prejudice that same day.

Forgot to mention the first thing I sent a CCP96 they never responded to.

Hi mollymai... Super late for me to say this, but I see your a newbie...so welcome! Though it feels so weird to say, given you are providing me with advice and information. :oops:

Congratulations on your dismissal! Must have been a huge relief to get that dismissal and not even have to show up to court. Amazing that these jdb's pull this ccp98 crap at the final hour, isn't it?

Thanks so much for sharing your experience w/me. Few questions...

So you served yours personally?

What's the CCP96?

Have you attempted to get your costs reimbursed?

Thanks again for the assistance. Your comments made me feel some better. But I'm still angry at these losers.

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I served mine 10 days before trial but I subpoenaed the person's job description, employment records, photo ID, my original statements, original agreements etc etc. Everything I could think of. Of course that person wasn't at the address she claimed she would be at 20 days before court so when I got the subpoena back unable to be served I wrote a motion in limine 5 days before trial and I sent it priority mail. My case was dismissed before trial and I have no idea what exactly this dismissed it on. But that woman in the declaration never showed up.

This is what I want to do--the first item I bolded. How do I subpoena ALL of that? Because what they are claiming is total BS...and I want to call them on it...ALL of it! ;)

2nd and 3rd bolds: Un-freak-ingbelievable! These jdb's just count on NOT being called on any of their stuff, don't they? The gall of it.

Not to sound insane, on one hand It's kind of funny (haha) that they are making such a stupid play, it seems not particularly challenging to counter. On the other hand, it makes me furious that these scummy jdb's are SO desperate for a few grand, that they are willing to lie to the court to get it. :evil: It's really disgusting....and disturbing.

Edited by tigger
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When you get the form off the court site you will see where this goes. The info on what you want to subpoena. You also have to have a good reason about why you are subpoenaing the person.

I stated because the Plaintiff was suing me for 7,000 that I didn't think I owe and that this person was declaring these records are true when there is no proof of that bla blah.

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When you get the form off the court site you will see where this goes. The info on what you want to subpoena. You also have to have a good reason about why you are subpoenaing the person.

I stated because the Plaintiff was suing me for 7,000 that I didn't think I owe and that this person was declaring these records are true when there is no proof of that bla blah.

Excellent (on your reason for why) and explanation of how I do it.

Thanks ever so! Oh, was there a charge for the sheriff to serve the subpoena for you?

Seven grand?!? All that stress and work over seven-freakin-grand? Rat bastards. I swear, I'm tempted to file a counter suit at this late date, just off general principle.

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the real amount was 4000. but they added on all these fees and lawyer fees etc without any proof they were correct. Actually the orig bill was 3,000.

I didn't have to pay because I had a fee waiver. I was told that in our court the sheriff won't subpoena people unless you do have a fee waiver but that might just be this area. Its about 35 or 40 bucks to subpoena someone.

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Hi mollymai... Super late for me to say this, but I see your a newbie...so welcome! Though it feels so weird to say, given you are providing me with advice and information. :oops:

Congratulations on your dismissal! Must have been a huge relief to get that dismissal and not even have to show up to court. Amazing that these jdb's pull this ccp98 crap at the final hour, isn't it?

Thanks so much for sharing your experience w/me. Few questions...

So you served yours personally?

What's the CCP96?

Have you attempted to get your costs reimbursed?

Thanks again for the assistance. Your comments made me feel some better. But I'm still angry at these losers.

Hey now newbies can be knowledgeable too lol:) I have learned a lot from lurking and now from posting, no but seriously the ccp96 states:

Under Code of Civil Procedure section 96, you are requested to serve on the

undersigned, within 20 days, a statement of:

1.

A description of each document that you intend to offer at trial.

Attach a copy of each document available to you.

A description of each photograph and other physical evidence you

intend to offer at trial.

Witnesses and evidence that will be used only for impeachment need not be included.

YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS OR INTRODUCE ANY

EVIDENCE NOT INCLUDED IN YOUR RESPONSE TO THIS REQUEST, EXCEPT AS

OTHERWISE PROVIDED BY LAW.

The subpoena that I used was subp001.

Yes I drove to alleged address to serve the witnes and I was so nervous, I was sweating bullets not knowing if she was going to be in the building.

I just started a thread abot trying to get fees that claim I am not entitled to.

Edited by mollymai
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the real amount was 4000. but they added on all these fees and lawyer fees etc without any proof they were correct. Actually the orig bill was 3,000.

I didn't have to pay because I had a fee waiver. I was told that in our court the sheriff won't subpoena people unless you do have a fee waiver but that might just be this area. Its about 35 or 40 bucks to subpoena someone.

They did the same to me, saying they wanted $7000 from a starting cost of $4000.

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Hey now newbies can be knowledgeable too lol:) I have learned a lot from lurking and now from posting, no but seriously the ccp96 states:

Under Code of Civil Procedure section 96, you are requested to serve on the

undersigned, within 20 days, a statement of:.......

......The subpoena that I used was subp001.

Yes I drove to alleged address to serve the witnes and I was so nervous, I was sweating bullets not knowing if she was going to be in the building.

I just started a thread abot trying to get fees that claim I am not entitled to.

Yes, you are quite knowledgeable---I'm impressed! ;):mrgreen: Thank you for the ccp96 information and the head's up about your thread. I'd been absent from here for a while--computer issues (sigh). I just saw your thread. :evil:

Words can not express how profoundly irritated I am that a jdb is trying to snake it's way out of reimbursing your costs. I'm so sorry you've experienced such a stress **after*** winning your case. I know all will work out for you in the end, in spite of them (certainly not because of them)...Hang in there. ...and thanks again for your assistance.

(((mollymai)))

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Yes, you are quite knowledgeable---I'm impressed! ;):mrgreen: Thank you for the ccp96 information and the head's up about your thread. I'd been absent from here for a while--computer issues (sigh). I just saw your thread. :evil:

Words can not express how profoundly irritated I am that a jdb is trying to snake it's way out of reimbursing your costs. I'm so sorry you've experienced such a stress **after*** winning your case. I know all will work out for you in the end, in spite of them (certainly not because of them)...Hang in there. ...and thanks again for your assistance.

(((mollymai)))

I believe that you must serve and file the duces tecum 20 days prior to trial in order to give the witness enough time to gather their documents. It's 10 days before trial for a subpoena to only have the witness testify.

You can have anybody 18yrs and older serve the subponea. However, you're better off paying $40-50 for a process server to actually serve it for you. You might know this already but have the court clerk sign off on the subpoena first before you have it served to the witness. I made that mistake and it was returned as being rejected by the court because it was not signed by them.

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