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Court Date tomorrow - can I hope for a dismissal?


olgamo29
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I have a court date tomorrow. I am being sued by Midland. This is case number 2. I have lost the first case back in December after the judge admitted all the evidence:(

This time around I denied the debt completely. I sent out BOP request, to which they replied that it is not appropriate for "account stated". I served them CCp 96 ( request for witnesses and document to be presented during trial), they failed to respond with CCP98. During the discovery process, they have sent me a bunch of hearsay documents. However, since they have not provided a witness or the affidavit in lieu, does it mean that they have no proof what so ever? It seems that way to me, but again, in court there are different rules.

I filed a Trial Brief, they have not.

Do I have a chance?

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I sent out BOP request, to which they replied that it is not appropriate for "account stated".

So I guess that is why they tucked tail and ran, because (A) you sent them an inappropriate request, or (B) they are full of crap.

I'm going option (B).

Nice job !! Once again when Midland is faced with a consumer that actually uses the law against them, they tuck tail and don't even try to fight. Your situation is the perfect example.

Look at the differences in how you handled the first case and the second case and then look at the different ways Midland responded. :twisted:

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I served them CCp 96 ( request for witnesses and document to be presented during trial), they failed to respond with CCP98.

Under CCP 96, they are not allowed to call any witnesses or submit any documents that they failed to disclose in response to your demand.

That is why the case was dismissed.

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