kronovide

Wrapping up case vs equable ascent - help with finishing touches

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1. Who is the named plaintiff in the suit?

Equable Ascent Financial LLC


2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Tara Muren ESQ SBN 260154

Michael Mixer ESQ SBN 99073

John Clinnin ESQ SBN 153881


3. How much are you being sued for?

$4000


4. Who is the original creditor? (if not the Plaintiff)
CHASE BANK USA


5. How do you know you are being sued? (You were served, right?)
SERVED


6. How were you served? (Mail, In person, Notice on door)
IN PERSON


7. Was the service legal as required by your state? 
YES as far as i know


Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

They mailed one letter saying i owed them money. i responded with something to the theme of, who are you and how do i owe you money. Show me proof and i will establish a payment plan

9. What state and county do you live in?
CA


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

im within statute of limitations i think

 


11. What is the SOL on the debt? To find out: 

CA listed as 4

 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

current status is Jury trial set for january, last action was DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL CCP98

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

yes, they said that the debt appeared valid

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

i asked them to validate debt. not sure if it was the right way though. I did request the credit agency to do debt validation and they said it appeared valid

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

Ive already answered with a general denial

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
exhibits are as follows : generic member agreement with handwritten chase an no sig ; bill of sale with no account number or name ; old credit card statements ; affidavit in lieu of live tetimony (latest)


17. Read this article: 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

 

So right now i was going to put a motion in limine (after i reasearch the format) and motion to strike the exhibits for hearsay, lack of standing, a few other points i have compiled.

 

I saw this thread and im not sure if the defendant just left all the evidence and compiled a pre trial brief as indicated http://www.creditinfocenter.com/community/topic/311682-they-quit-dismissed-with-prejudice/

 

the scenarios is exactly the same except i am in California. It even has the same witness

 

I also want to know how to look up other cases in california to use as reference - or am i allowed to reference the colorado cases the defendant used.?

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List the detains of the CCP 98 document you received.  What state and county was the affidavit signed in?  Is it notarized?  How many addresses to they claim the affiant would be availabel for service?  Do they declare under penalty of perjury? Are any of the addresses within 150 miles of the courthouse?  This is all very important.

 

rt 

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the ccp98 is executed in buffalo grove, Illinois.

 

There is no personal address for the affiant and it is not notarized. I am unable to personally serve the affiant for this reason.

 

Affiant is declaring under perjury

 

the only address on the afidavit is the law firm's address which is about 200 miles from LA in san diego.

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Here is the statute under which they served that document:

 

CCP 98

A party may, in lieu of presenting direct testimony, offer the prepared testimony of revelant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies:

(a)A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.

(b)The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition.

The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.

 

If it doesn't comply wwith ALL the requirements of this statute, they are SOL!

 

Declaraing under perjury of what state?  If it's not California they are also SOL!

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Here is the statute under which they served that document:

 

CCP 98

A party may, in lieu of presenting direct testimony, offer the prepared testimony of revelant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies:

(a)A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.

(b)The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition.

The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.

 

If it doesn't comply wwith ALL the requirements of this statute, they are SOL!

 

Declaraing under perjury of what state?  If it's not California they are also SOL!

Yeah. i alread read that statute.

 

They dont comply because the affiant does not have a listed address to be personally served

It is also out of state so it is definitely not 150 miles from court

the affidavit states under perjury for CA

 

additionally that witness admits he is a representative of the plaintiff. there are no claims that the affiant has first hand knowledge of the account. He can only speak for the business practices of the plaintiff, not the original creditor.

 

I just dont know what action to take - or if i should take any at all.

Like i said my original intention was to submit a motion to strike this affidavit along with the other exhibits they have under the grounds of hearsay among other things.

 

my situation is EXACTLY like the other thread i linked.

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1. Who is the named plaintiff in the suit?

Equable Ascent Financial LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Tara Muren ESQ SBN 260154

Michael Mixer ESQ SBN 99073

John Clinnin ESQ SBN 153881

3. How much are you being sued for?

$4000

4. Who is the original creditor? (if not the Plaintiff)

CHASE BANK USA

5. How do you know you are being sued? (You were served, right?)

SERVED

6. How were you served? (Mail, In person, Notice on door)

IN PERSON

7. Was the service legal as required by your state? 

YES as far as i know

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

They mailed one letter saying i owed them money. i responded with something to the theme of, who are you and how do i owe you money. Show me proof and i will establish a payment plan

9. What state and county do you live in?

CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

im within statute of limitations i think

 

11. What is the SOL on the debt? To find out: 

CA listed as 4

 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

current status is Jury trial set for january, last action was DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL CCP98

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

yes, they said that the debt appeared valid

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

i asked them to validate debt. not sure if it was the right way though. I did request the credit agency to do debt validation and they said it appeared valid

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

Ive already answered with a general denial

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

exhibits are as follows : generic member agreement with handwritten chase an no sig ; bill of sale with no account number or name ; old credit card statements ; affidavit in lieu of live tetimony (latest)

17. Read this article: 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

 

So right now i was going to put a motion in limine (after i reasearch the format) and motion to strike the exhibits for hearsay, lack of standing, a few other points i have compiled.

 

I saw this thread and im not sure if the defendant just left all the evidence and compiled a pre trial brief as indicated http://www.creditinfocenter.com/community/topic/311682-they-quit-dismissed-with-prejudice/

 

the scenarios is exactly the same except i am in California. It even has the same witness

 

I also want to know how to look up other cases in california to use as reference - or am i allowed to reference the colorado cases the defendant used.?

Hello kronovide,

 

I don't see on your thread  your trial date. Our case is exactly like yours. However, I would use california case laws to make a strong case before I would use another states' case law but just my opinion. As you noticed in rivertime's thread he got the trial brief from Seadragon, who is from California. Please put a little more detail on your thread: I'm guessing that 'Account Stated' is the only cause of action? If so, you will find great posts by Racecar on Account Stated case laws in California.

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Hello kronovide,

 

I don't see on your thread  your trial date. Our case is exactly like yours. However, I would use california case laws to make a strong case before I would use another states' case law but just my opinion. As you noticed in rivertime's thread he got the trial brief from Seadragon, who is from California. Please put a little more detail on your thread: I'm guessing that 'Account Stated' is the only cause of action? If so, you will find great posts by Racecar on Account Stated case laws in California.

My trial date is January 03 2013

 

I will be spending the night putting together a motion in limine to try to exclude their affidavit and the 3 attachments.

 

I'll also prepare a subpoena even though i cant serve the witness because there is no address. I wish i could reference the oregon case to show that the same exact witness was used outside california but he redacted his case information.

 

I have no clue how to research california cases. was hoping someone who can give me direction was watching the threads.

 

 

These boards have given me a good understanding on what and how to argue, but i just dont know what forms to file and how to cite case laws.

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My trial date is January 03 2013

 

I will be spending the night putting together a motion in limine to try to exclude their affidavit and the 3 attachments.

 

I'll also prepare a subpoena even though i cant serve the witness because there is no address. I wish i could reference the oregon case to show that the same exact witness was used outside california but he redacted his case information.

 

I have no clue how to research california cases. was hoping someone who can give me direction was watching the threads.

 

 

These boards have given me a good understanding on what and how to argue, but i just dont know what forms to file and how to cite case laws.

Hello good morning,

 

Were you able to send JDB CCP96? I see CCP 98 but not 96? With CCP96 JDB has tolist every piece of document and name/adress of witness they plan to call. I still don't see what causes of action you're being sued on. And I don't see what documents the otherside has provided you to date to prove their case. Here's what Seadragon had put out at one time: It's a Checklist...use this to see where you're at...

 

Here is a pre trial checklist:

60 days before trial:

1. start the trial brief research and creation.

2. make an outline of issues for trial(you should by this point know this)

3. if you haven't done some discovery things you better do this on this day or the next at the latest.

35 days from trial:

1. All discovery completed on your part

2. Send other parties CCP 96 statement:http://www.courts.ca.gov/documents/disc015.pdf

3. check discovery sent to you for the declaration in lieu of live testimony. Check to see if it has these words or something like it:

"I certify (or declare) under penalty of perjury under the laws of

the State of California that the foregoing is true and correct":

_____________ _________

(Date) (Signature)

If not prepare to excluded it before trial in limine(look it up).

4. Get all discovery and or evidence(except evidence for impeachment) to the plaintiff no later than day 35 before trial(if you are not using a calendar to keep track of the court dates you could lose, Judges are not like bosses and let things slide)

5. send your trial brief and declaration in lieu of live testimony to the plaintiff's by this date. This should be a red circled date on your calendar.

6. Check your courts local rules for motions in limine if they have to be sent by the discovery deadline do so. If not mark 5 days sooner on the calendar to make sure you get it out.

20 days before trial:

1. Subpoena the witness identified in the CCP96, CCP98 declarant at the address stated in the declaration(recommend using the sherriff's office they are cheaper and thorough and debt collectors don't lie to them)

2. Make your trial issue outline and prepare for oral arguement. Ignore calls from the lawyer. but listen to the voicemail to see if it is a meet and confer.

3. Make sure you understand(not just read) all the cases you cite and the reason you are citing them.

4. Make up your trial binder

10 Days out:

1. if you haven't done so file the motion in limine and send it to plaintiffs with proof of service. The courts all have different rules for MIL so you have to check 60 days out.

2. Stop reasearching everyday make it every other day so your brain can analyze your research.

3. Start practicing your Oral arguements. Best if you have someone listen to you (like the built in conversational hostage known as a spouse ) to help Identify the tone and presentation errors that make the court not want to listen. Eliminate the whinney or, loudly stated or, rightously indignate tone. Think Mr. Spock style where you argue the points in a calm manner using non pointing hand gestures(in the military the people use the whole hand to point). Make your points quickly and practice with your oral arguements partner for various objections(attorneys use these to preserve for appeal an issue and to disrupt your informational flow. Learn all the objections available and use them at appropriate times to disrupt the plaintiff and to preserve issues on appeal) Objection, hearsay will do in a pinch.

5 days out:

1. try to relax(I know it is tough with so much on the line) On this day no case, no CIC, watch a movie, read a book, you are taking the day off(all day make a vacation day at work and take this day for yourself). By order of Seadragon I will not respond to posts and PM's if you are 5 days from trial(unless you just found out about CIC and are playing SERIOUS catch-up) I invite everyone to ignore posts and requests from the 5 days before trial posters so they can relax(and yes I mean calendar days, shees you are starting to sound like a lawyer dang.)

2. I mean it no other things case related posts. wine discussion is the exception in the wine forum and off topic.

4 days out:

Go over your evidentiary objections again. and try to figure out what objections they are going to raise.

2 days out.;

Have everything organized for trial. read the court opinions for any financial institution case on this link:

California Courts - Opinions

pay attention to the slip opinions for the appellate divisions and the supreme court.

Night before trial:

sleep, sleep, sleep. If you don't know it now you'll just have to wing it. ke sure you look nice for court. but get alot of sleep. Your taking the whole day off so you can relax and feel good before court.

If you have a spouse hug them and thank them for being patient while working on this.

Trial Day:

Think battle and everything you wear as your armor and every piece of paper as your weapon. Listen to public enemy on the way to court. when you are waiting in the hall do the crossword from the paper. Take someone to take notes for you and so they can be a witness to what happens. take a recorder and ask the court if you can record for note taking purposes and for historical reasons.

Do not get to the court earlier than necessary to get through security and 5 minutes before the doors open. Do not sit on the bench. stand next to an attorney, don't fumble through your stuff. Check the court calendar and see what number you are on the calendar. Check in with the clerk walk through the doors like the attorneys do and stand in line for the clerk.

When or if the plaintiff's attorney approaches you give them the serious warface, ok just look serious not scared. listen to what they have to say and DO NOT ACCEPT PIECES OF PAPER FROM THEM. If they try to give you anything, say the discovery cutoff was 30 days ago I cannot accept it. That is all. and with assurance say to them Good luck. do not settle with them but if they do talk settlement offer a counter proposal of 40.00 dollars.

when waiting for your case to be called observe the courts demeanor and try to guage the response your case will elict from the court.

Standard trial procedure is this:

Motion in limine(this is going to be contentious and the plaintiff's are going to bluster)

Plaintiff's opening statement(don't object during this)

Your opening statement(request to defer your opening statement untill the plaintiff rests their case, this is so they don't tailor their case to trash your opening statement)

plaintiff introduces the witness or the declaration in lieu of live testimony(objection on hearsay,lack of personal knowledge, improper foundation) and argue strongly for the objection and bring that standing issue right out there in the open.

direct examination of the witness

cross examination use the trial questions on here

redirect

recross

and so on till the court says stop.

when the plaintiff rests move for a directed verdict

note the courts ruling on this.

If they deny the directed verdict object politely and state for the record you are objecting for reasons in defendants case in chief.

make your opening statement if the plaintiff interrupts object to that right away stating I was professional and didn't interrupt go over the points you are making an any evidence you will be introducing.

call the witness to the stand(your witness or their witness for some questioning abuse)

make your closing argument if allowed and then request a Statement of Decision.

then quietly wait for the court to speak write down anything they rule on. when the court allows leave with them and in the hallway say "Have a nice day"(military speak for Go f yourself)

go to your car and have your freak out(it's ok happens all the time) and then go home and hug your spouse and your kids and all of you go out to dinner.

That is the best way I know feel free to add to it.

 

Fr Seadragon:

 

Check list for trial in california

1. all affidavits supplied in discovery from out of state comply with CCP 2015.5 if not then cite Kulshrestha v. First Union Commercial Corp., 33 Cal. 4th 601 (Cal. 2004)(precedent for CCP2015.5 out of state affidavit without the california statute statement of perjury)

2. all affiants are employees or have Personal knowledge if not cite Herrera v. Deutsche Bank National Trust Co.,

196 Cal. App. 4th 1366 (Cal. App. 3d Dist. 2011 n.5)(this is about hearsay declarations it is a partially published opinion) and

Cooley v. Superior Court,

140 Cal.App.4th 1039 [45 Cal. Rptr. 3D 183](2006)

3. all evidence complies with the evidence code for foundation and exceptions rules if not then cite: CCP 436 and strike it

4. No showing of standing then cite these;

A litigant's standing to sue is a threshold issue to be resolved before the matter can be reached on the merits. (Hernandez v. Atlantic Finance Co. (1980) 105 Cal. App. 3d 65, 71 [164 Cal. Rptr. 279].)

Standing‘goes to the existence of a cause of action.’ [Citation.]” (5 Witkin, Cal. Procedure (4th ed. 1997) Pleading, § 862, p. 320.)

 

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Yes, the cause is open book account and account stated.

 

I was not able to file the JDB CCP96. first time ive seen mention of it - it slipped through my research.

I will file it today, even though it is probably too late.

 

wow, i wish i posted earlier instead of board stalking - that checklist could have been very helpful. I will send off what i can.

I cant really work off a calendar  because i have to take time off work to file court papers and it adds up each time. my work doesnt allow me to take a few hours off, it has to be an entire workday.

 

THank you for pointing me in a good direction. Looks like i have a lot of things to prepare today. before heading to court to submit them.

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Oh i thought i mentioned what papers the other side have given. if not here they are:

 

  • Generic terms and  agreement with CHASE MANHATTAN written in freehand up top - no signature
  • Bill of Sale - with no reference to account number or name - just saying they bought 30,000 accounts from chase
  • Chase card statements with redacted account number from 2010
  • Affidavit of statement in leau of live testimony by Jeff Hassenmiller who works for the plaintiff, not the OC

thats it.

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Oh i thought i mentioned what papers the other side have given. if not here they are:

 

  • Generic terms and  agreement with CHASE MANHATTAN written in freehand up top - no signature
  • Bill of Sale - with no reference to account number or name - just saying they bought 30,000 accounts from chase
  • Chase card statements with redacted account number from 2010
  • Affidavit of statement in leau of live testimony by Jeff Hassenmiller who works for the plaintiff, not the OC

thats it.

 

Ok, well I hope this will help...the Generic terms agreement is invalid...in doing my research thru google I found that Chase Manhattan Bank merged with JP Morgan Chase now doing business as CHASE and therefore, CHASE MANHATTAN BANK is no longer in business which means the gerneric terms with CHASE MANHATTAN is invalid...search google to get the history of the merge...2) Bill of Sale (what to look for...look at the dates of the alleged sale versus the alleged default date (does it mesh) and if it references some Exhibit then it's part of a bigger package which they didn't provide...Affidavit of Statement (look up ccp2015.5) if it doesn't have the wording from this ccp then it's not acceptable here in California, I will try to find Seadragon's Trial Brief and look up the case on vinhee vs American Express for your Chase statements...

this is a start...working on your mil is too early in the game...get to know how to defend open book/account stated so you can write-up you trial brief..before you dive into writing up your mil.

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Ok, well I hope this will help...the Generic terms agreement is invalid...in doing my research thru google I found that Chase Manhattan Bank merged with JP Morgan Chase now doing business as CHASE and therefore, CHASE MANHATTAN BANK is no longer in business which means the gerneric terms with CHASE MANHATTAN is invalid...search google to get the history of the merge...2) Bill of Sale (what to look for...look at the dates of the alleged sale versus the alleged default date (does it mesh) and if it references some Exhibit then it's part of a bigger package which they didn't provide...Affidavit of Statement (look up ccp2015.5) if it doesn't have the wording from this ccp then it's not acceptable here in California, I will try to find Seadragon's Trial Brief and look up the case on vinhee vs American Express for your Chase statements...

this is a start...working on your mil is too early in the game...get to know how to defend open book/account stated so you can write-up you trial brief..before you dive into writing up your mil.

so you're suggesting i wait 10 days prior before submitting a MIL - can i just write the MIL to exclude all 3x exhibits + the affidavit from jeff in lieu of live testimony?

 

im just trying to decide on what to write and file today since i took the day off so i can go to court to file stuff.

 

i was going to write up motion to strikes to get rid of the 3 exhibits and a motion in limine to exclude the ccp 98.

 

im still trying to figure out what to write for the ccp98 because it doesnt comply with requirements - being there is no address i can subpoena the affiant from personally.

(a)A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.

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1. Who is the named plaintiff in the suit?

Equable Ascent Financial LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Tara Muren ESQ SBN 260154

Michael Mixer ESQ SBN 99073

John Clinnin ESQ SBN 153881

3. How much are you being sued for?

$4000

4. Who is the original creditor? (if not the Plaintiff)

CHASE BANK USA

5. How do you know you are being sued? (You were served, right?)

SERVED

6. How were you served? (Mail, In person, Notice on door)

IN PERSON

7. Was the service legal as required by your state? 

YES as far as i know

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

They mailed one letter saying i owed them money. i responded with something to the theme of, who are you and how do i owe you money. Show me proof and i will establish a payment plan

9. What state and county do you live in?

CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

im within statute of limitations i think

 

11. What is the SOL on the debt? To find out: 

CA listed as 4

 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

current status is Jury trial set for january, last action was DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL CCP98

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

yes, they said that the debt appeared valid

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

i asked them to validate debt. not sure if it was the right way though. I did request the credit agency to do debt validation and they said it appeared valid

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

Ive already answered with a general denial

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

exhibits are as follows : generic member agreement with handwritten chase an no sig ; bill of sale with no account number or name ; old credit card statements ; affidavit in lieu of live tetimony (latest)

17. Read this article: 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

 

So right now i was going to put a motion in limine (after i reasearch the format) and motion to strike the exhibits for hearsay, lack of standing, a few other points i have compiled.

 

I saw this thread and im not sure if the defendant just left all the evidence and compiled a pre trial brief as indicated http://www.creditinfocenter.com/community/topic/311682-they-quit-dismissed-with-prejudice/

 

the scenarios is exactly the same except i am in California. It even has the same witness

 

I also want to know how to look up other cases in california to use as reference - or am i allowed to reference the colorado cases the defendant used.?

you can use any case law that you want.....you can also bring up their own cases where they lost.

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so it looks like i should go to the courthouse and have them subpoena the witness at the only address provided in ccp 98 ( which is the law firm's address in san diego)

 

it looks like 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.

 

requires that the witness receive the subpoena personally.

 

I can then use that on my MIL 10 days prior to have them exclude the ccp98

I guess the real work is just preparing my MIL then.

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Is the law office the address given? Also, is the law office within 150 miles of the courthouse?

I just doublechecked and there is an address listed as the following statement:

 

available for service via plaintiff's counsel Tara Muren c/o ABC Legal 2011 S Figueroa St suite 100 LA CA 0012

 

Im filling out the SC107 right now

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OK - fill out the subpoena form... a process server will have to PERSONALLY serve her. By putting a c/o, they've already invalidated the declaration, but attempt service anyway. It will then leave no doubt when you file your motion to preclude that the affiant was not at that address.

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OK - fill out the subpoena form... a process server will have to PERSONALLY serve her. By putting a c/o, they've already invalidated the declaration, but attempt service anyway. It will then leave no doubt when you file your motion to preclude that the affiant was not at that address.

I guess i can spend the rest of my day preparing my Motion in Limine then.

 

so the motion to preclude can be filed right after i get the service back right? Or maybe i can just file it along with my MIL

 

Im also researching the case brief but it looks like all i have to do today is the service :)

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This is what I'd do, but check your calendar...

 

File the MIL first and get it on calendar, then wait a couple days - then file the motion to preclude the CCP98 delcaration. See if you can get that on calendar too.

 

IF you do those, you might get a dismissal.

 

When is the trial?

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This is what I'd do, but check your calendar...

 

File the MIL first and get it on calendar, then wait a couple days - then file the motion to preclude the CCP98 delcaration. See if you can get that on calendar too.

 

IF you do those, you might get a dismissal.

 

When is the trial?

January 03, 2013

should i even attempt to strike their generic agreement, bill of sales, and statements?

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i am including the 3x exhibits in my motion in limine when i get the subpoena papers back. Ill just motion to exclude the ccp98 and attached documents.

 

was also reading rivertime's progress on a seperate thread. im probably going to use it as a worse case scenario and expect same treatment.

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Ive finished my motion in limine to exclude CCP98. Can anyone proof read it for me and offer any suggestions/corrections?

 

I'm going to submit a Motion to strike for the remaining 3 exhibits they included to leave them with nothing ( Generic card statement, Bill of sale for undisclosed accounts from CHASE, reprints of old card statements )

 

Ive taken some time off work so i can submit it tomorrow and get it on the calendar.

 

If i finish my motion to strike by tonight i might submit that tomorrow as well.

 

How important is citing case law? I dont know how to research california case law and havent cited any on my in limine.

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