helpYoSelf

sued by cach - when do I send BOP/discovery docs

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Yeah ... um ... I'm not a betting man ... but ... they ain't showing.  They are named to intimidate you.  "Look at all these guns we have coming for you."  Zzzzzzzzzz.

 

I researched those names as best I could when they came up in my case.  I found them showing up in other CACH lawsuits in other states as hired witnesses.  They are paid by CACH to testify.  You can bet on that.  Contractor, Consultant, Employee ... personally I don't think it's worth worry or quibble.  They are NOT employees of the OC.  If they were, they'd be the ones signing the Declaration in Lieu of Testimony ... no?  :-)  If they aren't employees of CACH, let plaintiff prove it and prove how they are qualified and competent.  That's their job.  Not yours.

 

They are indeed employees of CACH, not the OC.

 

FYI: same three witnesses were named on the CCP 98 response in my lawsuit - and none of these phantoms showed up to my trial. In addition, it was a completely different law firm handling my case. It's all just copy/pasta all over the place.

 

Now, what's fascinating is that the same three people are used on EVERY lawsuit ALL over the United States!

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 It's all just copy/pasta all over the place.

 

Now, what's fascinating is that the same three people are used on EVERY lawsuit ALL over the United States!

Yeah, that does sound like copy/past- that's crazy! I wonder if they  change the name to Magic East/South/North depending  ::devillaugh::  I hope they keep the tradition alive and don't show up this time either :)

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Okay- so  I checked w/the Sheriff and as of yesterday the they hadn't even attempted to serve yet....not sure what to do? I have to get my MIL and Trial Brief's finalized by the end of the week - and that is PUSHING it. The clerk on the phone said they would 'get it out' yesterday or today..but what to do if that doesn't happen? 

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Okay- so  I checked w/the Sheriff and as of yesterday the they hadn't even attempted to serve yet....not sure what to do? I have to get my MIL and Trial Brief's finalized by the end of the week - and that is PUSHING it. The clerk on the phone said they would 'get it out' yesterday or today..but what to do if that doesn't happen? 

I went through the same agony.  But the Sheriff got it done just under the wire.  It seems pretty typical from what I have heard.  In my case, the Sheriff had the papers in hand a full 23 days before trial and made the last service attempt one week before trial.

 

Obviously, call the Sheriff each day for a status check.  In my case, I did let the Deputy know that I had an MIL to file based on the service -- but I don't think that had any effect whatsoever on the timing of service.

 

On the day service gets done, ask the Sheriff's Department to fax you a copy of the Proof of Service (or notice of failed service or whatever they choose to call it). They'll still mail the original.

 

I used a copy of the fax for my exhibits.  The original did arrive in the mail a few days later, but i just put that into my trial binder for use if the judge requested the original.

 

If necessary, you can bring the proof of service with you to court on the day of trial if you absolutely cannot get it any sooner.

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Okay that's good to know! I'll call first thing in the am and see about that...I don't have a fax machine though! I'm going to check w/the neighbors... 

Thanks for the info!

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Any UPS or Fedex store should be able to accept a fax, but will charge you a per page fee. Around here it is only $1 per page, but could be more or less.

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HELP!! Need advice seriously! So court is on Monday and the Sheriff still has NOT attempted service (just got off the phone).  The clerk said they will attempt up until Friday (and most likely only 2 attempts at most)....What do I do about my MIL and Trial Briefs that will need to be in before/by then? UGH

Stressing......any feedback appreciated....

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HELP!! Need advice seriously! So court is on Monday and the Sheriff still has NOT attempted service (just got off the phone).  The clerk said they will attempt up until Friday (and most likely only 2 attempts at most)....What do I do about my MIL and Trial Briefs that will need to be in before/by then? UGH

Stressing......any feedback appreciated....

Don't stress. Just file your trial brief and MIl's. Do them ASAP (but I don't know that they HAVE to be filed before the subpoena (and I doubt they do). I PM'd you; as I have pretty much stopped posting on here.

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Any UPS or Fedex store should be able to accept a fax, but will charge you a per page fee. Around here it is only $1 per page, but could be more or less.

There are also online fax services that will email faxes to you.  I haven't tried any of them so have none to recommend, but some seem to offer a limited page count of free incoming faxes, like efax.com. Again, I haven't used them so can't vouch for them.

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Don't stress. Just file your trial brief and MIl's. Do them ASAP (but I don't know that they HAVE to be filed before the subpoena (and I doubt they do). I PM'd you; as I have pretty much stopped posting on here.

Thanks for the reminder Anon Amos. to stop stressing..it's getting to me a bit...Okay I'll rework my MIL and trial briefs tonight :/ and file tomorrow. I just really was hoping to not have to do so..but oh well :) Thank you :)

 

There are also online fax services that will email faxes to you.  I haven't tried any of them so have none to recommend, but some seem to offer a limited page count of free incoming faxes, like efax.com. Again, I haven't used them so can't vouch for them.

Thanks Homeless! I called and the UPS store here does it for a $1 so I'll probably just go w/that for now since it's hopefully pretty easy to go grab from where I am. 

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I'd call the UPS store today if you have not already done so and find out their procedure to receive faxes and what the fax number is that you should give to the Sheriff's Department.  You'll want that information already in your hands when you talk to the Sheriff's Department and they tell you at least 2 service attempts are done.

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Okay- what to do? As of today I did NOT get a status faxed to me as I requested from the sheriff.  I'm at a loss about what to do and how to approach this in court.  There may be a slim chance that it happens bright and early Monday AM but that will be a very slim chance as I have to drive about 25 min away to get to court and the fax would be here in my town...thoughts? 

 

*as of Fri am the sheriff still hadn't attempted  per the clerk at the sheriff's office. 

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Okay- what to do? As of today I did NOT get a status faxed to me as I requested from the sheriff.  I'm at a loss about what to do and how to approach this in court.  There may be a slim chance that it happens bright and early Monday AM but that will be a very slim chance as I have to drive about 25 min away to get to court and the fax would be here in my town...thoughts? 

 

*as of Fri am the sheriff still hadn't attempted  per the clerk at the sheriff's office.

You still did everything correctly (and you have no control over what the sheriff does) You paid the sheriff to do a service.

You are the only party to the case that followed the ccp 98 statute correctly.

You can argue all the points in the Target case: Tom Vagil is not a citizen, he has no address 150 miles away, the court had no jurisdiction over him (as he is not a citizen)So you really did not need to subpoena him the first place (pursuant to the statute)and everything in his declaration is hearsay.

And if he does show at trial; then you have to attack his credibility, lack of firsthand knowledge, the fact that he can't lay a foundation for his testimony as it is all compiled of layers of hearsay and he has no personal knowledge of it.

Of course you would have to attack the evidence as well.

I doubt it will get that far. It will probably be you and the lawyer at trial; and he will try one last time to get you to settle "while you wait for their witness" (which is not going to show).

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You will probably want to review the Homeless thread and the Target case. There are also some cross examination questions for the witness on here somewhere; posted by Calawyer.

Good Luck my friend, you can do this!

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Thank you! I have EVERYTHING printed fr: Homeless' case and it is organized in my binder- going to go over a bit more and make sure I like the organization...

 

Thanks for the feedback- helps a TON!  I have to keep being reminded and reminding myself that he didn't really give me an address w/in the 150 miles in the first place! I think I got this....aaaaaaaaaaaaaaaaaah (seriously trying to stay calm!) 

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You still did everything correctly (and you have no control over what the sheriff does) You paid the sheriff to do a service.

You are the only party to the case that followed the ccp 98 statute correctly.

You can argue all the points in the Target case: Tom Vagil is not a citizen, he has no address 150 miles away, the court had no jurisdiction over him (as he is not a citizen)So you really did not need to subpoena him the first place (pursuant to the statute)and everything in his declaration is hearsay.

And if he does show at trial; then you have to attack his credibility, lack of firsthand knowledge, the fact that he can't lay a foundation for his testimony as it is all compiled of layers of hearsay and he has no personal knowledge of it.

Of course you would have to attack the evidence as well.

I doubt it will get that far. It will probably be you and the lawyer at trial; and he will try one last time to get you to settle "while you wait for their witness" (which is not going to show).

What Anon said.  Agreed.

 

I understand the value of security blankets. :-)  You can call the Sheriff's Department Sunday and early Monday morning.  My guess would be that a deputy will still be manning the phone on the weekend. :-)  Also, I do not know about your county, but for my county I was able to google up a link for "______ County Sheriff status of service of process" which showed status of service and had a printout option available if they had completed a proof of service.

 

I am appalled that they are pushing completion of service so close to trial.  The process is agonizing enough without further frustration.  But hang in there.

 

Anon hits the nail on the head.  You complied with CCP 98.  You tried to get the witness to court by the legal means available to you.  Plaintiff did not comply with CCP 98.  The Declaration and exhibits thereto are inadmissible, hearsay, lack authentication, lack foundation, lack personal knowledge ....

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thank you Homeless...I will google again...as per their website it says to fax a request which I did ( I also got some info over the phone) but I will try again :) Thanks for the response!

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You've got this.  Treat yourself well.  Relax tonight.  Do one last check for materials in your trial binder and have it by the door and ready to go. Try to get to bed a little early if you can. Practice moderation if you open a bottle of wine tonight.  You want to be sharp and at your best tomorrow, so treat your mind and body right. 

 

And you will be awesome.  I believe in you. 

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No wine for me..but I did have 2 cold ones last night that helped me to sleep like a baby! lol :) Thanks for the words of encouragement :) 

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What Homeless said + Good Luck to you tomorrow HelpYoSelf, I know you are going to do well & you will be back here posting your victory thread.

Don't let a lawyer or judge intimidate you. If you get a little tripped up on a question; just take your time and answer whenever you are ready, or wait a while and ask them to repeat the question.

Just in case they don't dismiss and there is no witness (or even if there is one) expect to take the stand and be questioned by the lawyer. (If it were mine after he was done I would put him on the stand (but you probably won't want to do that).

Remember; the lawyer is not a party to the case, and he has no first hand knowledge about any of it. And LAWYERS CANNOT TESTIFY (you have to watch out for them because they will often try). Without a witness they can't do much more than just read what's on the pleadings and what is contained in any evidence that was admitted.

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Thank you! I have EVERYTHING printed fr: Homeless' case and it is organized in my binder- going to go over a bit more and make sure I like the organization...

 

Thanks for the feedback- helps a TON!  I have to keep being reminded and reminding myself that he didn't really give me an address w/in the 150 miles in the first place! I think I got this....aaaaaaaaaaaaaaaaaah (seriously trying to stay calm!) 

 

 

True.  But even if you don't get it kicked on Target v. Rocha grounds, the declaration likely does not contain facts showing that the witness has personal knowledge of the OC's recordkeeping practices.  One more reason it should not be admitted into evidence over your objection.

 

Also, make sure you have the rule about continuances in your back pocket.  A continuance may only be granted pursuant to a written motion supported by evidence showing good cause.  None of this walking into court and asking for a continuance on the first day of trial.

 

Good luck.

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One of the best pages on the creditinfocenter that is often over looked by everyone. Sometimes judges will ask you questions about your alleged debt you should know how to answer.

 

How to Answer Distressing Questions Truthfully, but in Your Favor

Judge: Is this your debt?
You: Your Honor, the Plaintiff has provided no proof of this debt. To the best of my knowledge and evidence provided, this is not my debt.

Judge: Did you ever have a card with Bank A?
You: Yes, I did Your Honor, but to the best of my recollection, this card was paid off. In addition, the Plaintiff has provided no proof the debt is unpaid or even that this PARTICULAR debt is mine.

Plaintiff's Attorney - Introduction of Evidence

Spoken Statements:
if the Plaintiff is a collection agency or junk debt buyer, object to anything the attorney says as hearsay. The attorney and the plainiff do not have intimate knowledge of the creation of the debt.

 

Written Evidence:

  1. If the Plaintiff's attorney shows anything wasn't included in the original summons/complaint package, or wasn't provided in discovery, object on the basis that it wasn't included in discovery and cannot now be submitted. You can also object if the evidence is not authenticated, meaning that the evidence cannot absolutely be substantiated as a true copy of an original document.
  2. If any evidence isn't authenticated, object to it as hearsay. "Authenticated" means there is a letter from the issuing company stating that these are true copies of the original.

Good luck tomorrow.

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