Wantawin2012

Hunt & Henriques: BOP options

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So when my friend served H& H and it was for the lady in VA. She wasn't there another person took it for her. So does the CCP 98 fail becasue the lady from VA wasn't in San Jose 20 daysPrior to the trial?

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Should I try to serve her again? Does it have to be an official process server or can I have a friend do it? What should they say when they serve the papers? I have a subpeana for __________ is she here? And should she record anything they say? I am such a rookie at this.

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Your friend will need to fill out a declaration of non-service...basically states that he/she went to the address on the CCP 98 and attempted to serve there - and that person was not at the address.

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Should I try to serve her again? Does it have to be an official process server or can I have a friend do it? What should they say when they serve the papers? I have a subpeana for __________ is she here? And should she record anything they say? I am such a rookie at this.

Did the person who took the subpoena agree to accept service?

Did that person say that the witness was not there?

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My friend just said I have papers for your office and another person not the named person on the subpeona took the papers. Ashley Ri**ra took the papers and she said she usually signs off on them but not any more???

SHould I re-serve the papers and have my friend ask for the person named on the subpeona again.

And funny thing happened today H&H called my house phone but did not leave a message...

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My friend just said I have papers for your office and another person not the named person on the subpeona took the papers. Ashley Ri**ra took the papers and she said she usually signs off on them but not any more???

SHould I re-serve the papers and have my friend ask for the person named on the subpeona again.

And funny thing happened today H&H called my house phone but did not leave a message...

Two possible approaches:

First approach: your friend goes there tomorrow and says I am here with some papers that need to be personally delivered to Ms. _____. Is she here? If no, leave (don’t give them anything) and return the next day. Do this 3 or 4 times and then do a declaration that he/she went there 4 times and the person was not there. Thus, the statement in the declaration that the person could be served there is false.

Second approach: Go there tomorrow. Ask for Ms. _____. If the receptionist indicates that she will take them, your friend should specifically ask “are you authorized to accept service on Ms. ______’s behalf? If she says yes, your friend should still ask if she is there, and if not, whether she will be present tomorrow. If no, leave the papers there and get the name of the person served. Do a declaration saying the person was not there but you served _______ who indicated she was authorized to accept service on Ms. ____’s bahalf

A couple of points. You did have the Court issue the subpoena as opposed to signing it yourself, correct? Also, If you no longer have 20 days before trial, don’t ask for documents. Testimony only. Keep this in your back pocket in case anyone says you needed to use a process server:

CCP 1987. (a) Except as provided in Sections 68097.1 to 68097.8,inclusive, of the Government Code, the service of a subpoena is madeby delivering a copy, or a ticket containing its substance, to thewitness personally, giving or offering to the witness at the sametime, if demanded by him or her, the fees to which he or she isentitled for travel to and from the place designated, and one day'sattendance there. The service shall be made so as to allow thewitness a reasonable time for preparation and travel to the place of attendance. The service may be made by any person.

Underlining is mine.

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And funny thing happened today H&H called my house phone but did not leave a message...

They did this to me. All they want is to settle. They even got me in the hallway right before trial. 8-)

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Two possible approaches:

First approach: your friend goes there tomorrow and says I am here with some papers that need to be personally delivered to Ms. _____. Is she here? If no, leave (don’t give them anything) and return the next day. Do this 3 or 4 times and then do a declaration that he/she went there 4 times and the person was not there. Thus, the statement in the declaration that the person could be served there is false.

Second approach: Go there tomorrow. Ask for Ms. _____. If the receptionist indicates that she will take them, your friend should specifically ask “are you authorized to accept service on Ms. ______’s behalf? If she says yes, your friend should still ask if she is there, and if not, whether she will be present tomorrow. If no, leave the papers there and get the name of the person served. Do a declaration saying the person was not there but you served _______ who indicated she was authorized to accept service on Ms. ____’s bahalf

A couple of points. You did have the Court issue the subpoena as opposed to signing it yourself, correct? Also, If you no longer have 20 days before trial, don’t ask for documents. Testimony only. Keep this in your back pocket in case anyone says you needed to use a process server:

CCP 1987. (a) Except as provided in Sections 68097.1 to 68097.8,inclusive, of the Government Code, the service of a subpoena is madeby delivering a copy, or a ticket containing its substance, to thewitness personally, giving or offering to the witness at the sametime, if demanded by him or her, the fees to which he or she isentitled for travel to and from the place designated, and one day'sattendance there. The service shall be made so as to allow thewitness a reasonable time for preparation and travel to the place of attendance. The service may be made by any person.

Underlining is mine.

Hey calawyer! I agree, so she now has to fill out the SUBP-001 form (the court signs the first page). A SUBP-002 is too late, she's looking at 19 days til trial as of today.

HTH's :)

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...office is always VERY eager to obtain those subpoenas. :rolleyes:

I did service on my husband's case. H &H's staff offered to accept the subpoena for the witness. I confirmed that no one knew who she was, and then stated I could not leave the subpoena w/anyone other than the person we were serving.

I chose not to leave it w/them, knowing they worked for H&H. I did NOT want to give them the opportunity to tip off H&H, so they could have the CCP 98 witness at trial (just in case, they tried that). But most of all, I wanted to draw attention to the fact that they lied on court documents(stating someone would be present at an address they were not). :twisted:

I filed a document of due diligence w/the court clerk's office stating I'd attempted service but the person was not present. :mrgreen: I had to create the document, (on pleading paper) though. As it isn't an actual court document, but a form typically utilized by registered process servers.

wantawin--if you need the document for your friend to fill out and sign, to file at the clerk's office, let me know. You can pm me your e-mail address (if you are comfortable w/that) and I can send it to you.

Good luck!

Edited by tigger

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Two possible approaches:

First approach: your friend goes there tomorrow and says I am here with some papers that need to be personally delivered to Ms. _____. Is she here? If no, leave (don’t give them anything) and return the next day. Do this 3 or 4 times and then do a declaration that he/she went there 4 times and the person was not there. Thus, the statement in the declaration that the person could be served there is false.

Second approach: Go there tomorrow. Ask for Ms. _____. If the receptionist indicates that she will take them, your friend should specifically ask “are you authorized to accept service on Ms. ______’s behalf? If she says yes, your friend should still ask if she is there, and if not, whether she will be present tomorrow. If no, leave the papers there and get the name of the person served. Do a declaration saying the person was not there but you served _______ who indicated she was authorized to accept service on Ms. ____’s bahalf

A couple of points. You did have the Court issue the subpoena as opposed to signing it yourself, correct? Also, If you no longer have 20 days before trial, don’t ask for documents. Testimony only. Keep this in your back pocket in case anyone says you needed to use a process server:

CCP 1987. (a) Except as provided in Sections 68097.1 to 68097.8,inclusive, of the Government Code, the service of a subpoena is madeby delivering a copy, or a ticket containing its substance, to thewitness personally, giving or offering to the witness at the sametime, if demanded by him or her, the fees to which he or she isentitled for travel to and from the place designated, and one day'sattendance there. The service shall be made so as to allow thewitness a reasonable time for preparation and travel to the place of attendance. The service may be made by any person.

Underlining is mine.

So I ordered the subpeona and filed it exactly 20 days from court date I filed on the 3rd court date is on the 23rd. I asked for original documents, original credit card agreement, and the affiant's resume. My friend left the subpeona at the H&H office.

My friend is going to serve again another 3 times and then she will submit a declaration. I think I'll try approach A?

I find it funny that they called the next day after we left the papers there. I hope I can get this thrown out!

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So I ordered the subpeona and filed it exactly 20 days from court date I filed on the 3rd court date is on the 23rd. I asked for original documents, original credit card agreement, and the affiant's resume. My friend left the subpeona at the H&H office.

My friend is going to serve again another 3 times and then she will submit a declaration. I think I'll try approach A?

I find it funny that they called the next day after we left the papers there. I hope I can get this thrown out!

Oh and I didn't sign the front page the court clerk signed it when I ordered it then we served it then I filed it. Now after we try to serve it 3 more times I will have my friend write a declaration about how she served the papers.:lol:

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Hey calawyer! I agree, so she now has to fill out the SUBP-001 form (the court signs the first page). A SUBP-002 is too late, she's looking at 19 days til trial as of today.

HTH's :)

I filled out, ordered, and served the SUBP-002 exactly 20 days prior to court date. Court date the 23rd file subp-002 on the 3rd.

I think that will work right?

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I filled out, ordered, and served the SUBP-002 exactly 20 days prior to court date. Court date the 23rd file subp-002 on the 3rd.

I think that will work right?

Yes because your friend is trying to personally serve the subpoena, I believe you are in the right time frame. Whatever the case, best wishes for the outcome of your trial!

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Yes because your friend is trying to personally serve the subpoena, I believe you are in the right time frame. Whatever the case, best wishes for the outcome of your trial!

THank you!!!! I hope this works out too! I don't want to have to file for bankruptcy:(

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I filled out, ordered, and served the SUBP-002 exactly 20 days prior to court date. Court date the 23rd file subp-002 on the 3rd.

I think that will work right?

It sounds like you did the first one right. Its just they snatched it from your friend. Who knows what they're doing w/ it. :shock:

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So I ordered the subpeona and filed it exactly 20 days from court date I filed on the 3rd court date is on the 23rd. I asked for original documents, original credit card agreement, and the affiant's resume. My friend left the subpeona at the H&H office.

My friend is going to serve again another 3 times and then she will submit a declaration. I think I'll try approach A?

I find it funny that they called the next day after we left the papers there. I hope I can get this thrown out!

So my question is this did you fill out another subpoena form except this time fill out the SUBP-001 since now it past the 20 days?

Also can't your friend try attempting to serve twice in the same day? Say in the morning & try back in the afternoon?

I wouldn't hand it to them this time, just come back again.

BTW tell them I said "Hi" & they owe me money!! LOL :ROFLMAO2:

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It sounds like you did the first one right. Its just they snatched it from your friend. Who knows what they're doing w/ it. :shock:

I know I wish I would of found on the forum where everyone says NOT to give it to someone if the person isn't there. Should of used more common sense :-(I was just too concerned getting filed on the 20th day before the trial. We serve the VA lady some more in san jose but not give the papers to H&H. Even though they already have one! I also read that you are suppossed to mail it to the address provided 150 within the courthouse to the person you are subpeonaing (spelling):?:

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I know I wish I would of found on the forum where everyone says NOT to give it to someone if the person isn't there. Should of used more common sense :-(I was just too concerned getting filed on the 20th day before the trial. We serve the VA lady some more in san jose but not give the papers to H&H. Even though they already have one! I also read that you are suppossed to mail it to the address provided 150 within the courthouse to the person you are subpeonaing (spelling):?:

If they took it why do you need to mail it to them. I never mailed mine. I filed it w/ the courthouse. You can certainly mail it to them. Now I'm not sure if you wait til you have attempted 3 more times & the Declaration is complete. I would think that is when you mail it to them. :?

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Hey at least you didn't sign your own subpoena order & then find out at trial you did it improperly!!! LOL

I had a process server serve mine & he wrote up a declaration re diligence.

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So my question is this did you fill out another subpoena form except this time fill out the SUBP-001 since now it past the 20 days?

Also can't your friend try attempting to serve twice in the same day? Say in the morning & try back in the afternoon?

I wouldn't hand it to them this time, just come back again.

BTW tell them I said "Hi" & they owe me money!! LOL :ROFLMAO2:

No I just going to reserve the same one I did on the 3rd SUBP-002 you can re-serve on mutiple days, multiple times. She is going to go tomorrow and then she is going to go the next day as well. I'll make sure she gives them a disgusted look too8-)

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Ok even more of a rookie move I didnt have my friend put down her name and address on the bottom of the SUBP-002 she just signed it! Will they throw it out? Or can I add something to the declaration saying she didnt know to add her name and address. I feel like an idiot!

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So after we served the Subp-002 the very next day H&H sent out a meet & confer letter, saying that the answer to their complaint didnt have very good defenses and that Capital One wants to settle by April 15th and to call H&H.

Do I have to call & talk to H&H ? IF so what do I say if anythig?

We served the SUBP-002 1 more time a total of 2 times and the same person accepted it. This time my friend asked specifically for Wandi Ch*****. and she wasn't there but then a lady said "oh but I am authorized to accept it for her. And then my friend repeated what she said and said her name and said you are authorized to accept this for Wandi Ch**** and the H&H girl said yes. So we are going to write this all down in the declaration. We are going to go there one more time next week then submit the declaration that she Wandi CH***** from VA wasn't there. suprise suprise But no where in the CCP98 did Wandi CH*** say that the girl Ashley R***era could accept it for her.

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So after we served the Subp-002 the very next day H&H sent out a meet & confer letter, saying that the answer to their complaint didnt have very good defenses and that Capital One wants to settle by April 15th and to call H&H.

Do I have to call & talk to H&H ? IF so what do I say if anythig?

We served the SUBP-002 1 more time a total of 2 times and the same person accepted it. This time my friend asked specifically for Wandi Ch*****. and she wasn't there but then a lady said "oh but I am authorized to accept it for her. And then my friend repeated what she said and said her name and said you are authorized to accept this for Wandi Ch**** and the H&H girl said yes. So we are going to write this all down in the declaration. We are going to go there one more time next week then submit the declaration that she Wandi CH***** from VA wasn't there. suprise suprise But no where in the CCP98 did Wandi CH*** say that the girl Ashley R***era could accept it for her.

You don't have to talk to them at all. Even at Court before the trial (yes, they wil try to get you to settle then also).

The CCP 98 witnesses from JDBs rarely show up in Court. And even if they do, they never worked for the OC so they don't have any personal knowledge of the charges allegedly incurred, the payments allegedly received, or the amount that plaintiff claims is now due and owing.

If she does show up, ask her where she was during the 20 days before trial. It is true, is it not, that you were not at [___________} insert address in CCP 98 declaration, at any time during the 20 days before trial? Show her the declaration. Ask her if she signed it under penalty of perjury. Then ask her why she lied.

Then ask her if she lied because she knew you were not represented by a lawyer and probably wouldn't figure out how to serve her.

Good luck.

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You don't have to talk to them at all. Even at Court before the trial (yes, they wil try to get you to settle then also).

The CCP 98 witnesses from JDBs rarely show up in Court. And even if they do, they never worked for the OC so they don't have any personal knowledge of the charges allegedly incurred, the payments allegedly received, or the amount that plaintiff claims is now due and owing.

If she does show up, ask her where she was during the 20 days before trial. It is true, is it not, that you were not at [___________} insert address in CCP 98 declaration, at any time during the 20 days before trial? Show her the declaration. Ask her if she signed it under penalty of perjury. Then ask her why she lied.

Then ask her if she lied because she knew you were not represented by a lawyer and probably wouldn't figure out how to serve her.

Good luck.

Thank you!

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Edits underlined:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish DEFENDANT ME , within 10 days, a Bill of Particulars setting forth all items and details of account on which the causes of action for: breach of contract, money had and received, and money lent or paid, of plaintiff’s complaint is based, including the date of each transaction, a description of services, materials or goods supplied or considerations rendered, the price or charge made for each item, all payments and credits that have been made to the account, and the contract assigning the account to the plaintiff.

Dated: _______

_________________________

DEFENDANT YOU

Put it on pleading paper and serve it on H&H

Have someone do a proof of service too.

Good luck.

Sorry for the thread jack, with a BoP in California, do you send it CMRRR or do you serve the opposition and include proof of service?

I see two different responses from two knowledgeable posters. One says CMRRR, the other serve with PoS.

Does it matter?

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