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What should I expect on my court date?


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I have posted on this board before and there was a pretty active discussion that came out of my last post about whether to file a MTC. This forum is a really great resource and I appreciate everyone's input.

http://www.creditinfocenter.com/forums/there-lawyer-house/310538-received-affidavit-jdb-lawyer.html

My court date is next month and I have not filed a MTC yet bc I am still conflicted about whether it is the next best step. The jdb attorney promised they would send me an account statement history within 45 days and still have not produced anything. What is the likelihood that they will show up with more to court than what they have provided me? Calawyer you mentioned you've seen parties in CA courts burned by not filing a MTC. I'm just afraid I'm going to force them to come up with all this additional documentation to court that they were never planning on bringing anyway. Has anyone had experience with a JDB lawsuit in the California and what happens on the actual court date? Any advice on what to expect would be real helpful. Please & Thanks!

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If they had all this stuff, they would have happily produced it. Put yourself in their place; somebody asks for all the evidence you intend to beat them with.....why would you NOT send it? I'd have it in your hands in two days. The reason they fail to produce documents is related to their business model. This is boiler room assembly line litigation, and documents cost money. They have to pay the OC for all this stuff, and they simply won't do it. They are working on a 90-95% default judgment rate; these are not trial lawyers who will undertake a long battle over a credit card debt they paid 5% for.

I don't know about California, but in most states the MTC is optional. Personally, I don't like to see people use this in CC cases. You asked, they failed to produce. This is like the "I strenuously object" scene in A Few Good Men. If they try to spring a bunch of stuff on you at the last minute, move to have it excluded. I doubt they will, because they probably don't have anything to spring. Check with Seadragon or CAlawyer to be sure about what to do.

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