rikkivs Posted March 29, 2012 Report Share Posted March 29, 2012 I am in California and trial is coming down pretty soon. How likely is it that they will show up with the witness they specified in their ccp 96 statement? Link to comment Share on other sites More sharing options...
rikkivs Posted March 29, 2012 Author Report Share Posted March 29, 2012 anyone with experience in this?please chime in! Link to comment Share on other sites More sharing options...
1stStep Posted March 29, 2012 Report Share Posted March 29, 2012 Who is suing? Who is the witness?If it's a JDB, I'd think there's a very low chance of their witness showing...an OC on the other hand might be more likely to show. Link to comment Share on other sites More sharing options...
rikkivs Posted March 29, 2012 Author Report Share Posted March 29, 2012 it is alleged oc actually. Now I am trying to figure out how to cross examine to get them impeached with my evidence! For a while they didnt send us a verified copy of the account, for months in fact but they sent us a verified copy of the account a few days ago. However there are so many inconsistencies when we look at our bank account statements at that time and their alleged payment history with payments recorded that we certainly never made and monies they say we took out on certain dates that we never did. This creditor used to be seen as an entity that helped people build their credit and this was our third or fourth account with them, after paying off previous ones. But after we got this account with them, the inaccuracies in billing began, the company culture where nobody takes responsibility for anything etc etc etc So I am trying to figure out how to show my bank statements for certain time periods that they said I made a payment and my bank statements show no such payments were ever made.Any advice on these difficulities is appreciated. Thanks 1st Step. Link to comment Share on other sites More sharing options...
KentWA Posted March 29, 2012 Report Share Posted March 29, 2012 Did you notice the ccp 96 affiant to appear? Link to comment Share on other sites More sharing options...
rikkivs Posted March 29, 2012 Author Report Share Posted March 29, 2012 I didn't do a notice to appear or a subpoena because the time frame isn't quite there yet. I have a few more days to do either. And some say that I would be forcing my adversary to show up, while others feel that if they don't show its an automatic win. I don't know how to play that but the person who verified the coopy of the account is not eh same person they claim to call as a witness through their ccp 96 disclosure.AND they didn't attach an affidavit to their ccp 96 response packet only a name of a witness they intend to call,no address to send him such notice either... Link to comment Share on other sites More sharing options...
1stStep Posted March 29, 2012 Report Share Posted March 29, 2012 If there's no address available, then you'll have to serve your notice to the attorney's office. Link to comment Share on other sites More sharing options...
KentWA Posted March 29, 2012 Report Share Posted March 29, 2012 As I remember if there is no address then it can be striken via a motion in Limine since the rules says they have to provide an address. Link to comment Share on other sites More sharing options...
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