silverjacket

How true is this ? Help !! Trial is this Friday

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Here is a brief outline of my case:
- Sued over credit card debt.

- It's an OC, and they had hired an attorney to file suit.

- They mailed the ccp 98, along with all the monthly statements since account is opened, and the affiant testified under penalty of perjury...under the laws of the state california, that the foregoing is true and correct.

- I already served the subpoena, requiring this affiant to appear on court day.

- The affiant claims the regulars on the affidavit: have personal knowledge, familiar how the business is run, all these statements are duplicates from originals, and generated in the course of business.

 

- I was able to speak to 1 attorney over the phone. I explained him my situation, however, he told me that I don't have a strong case... even AFTER I quoted him all the questions that we all discussed here on the board. He even told me straight out that even though we proved & showed to the court that she is not one reliable witness, etc, etc, etc after all the questioning, the judge might still rule on their side. However, this is not the case that I've read all over this forum. Any input ?


- Since I've never been into a court, can you guys share with me the sequence of events on how the proceeding is from the minute you walk in. I might help me visualize and prepare myself mentally.

 

- What kind of wording should I use if I don't think the witness is telling the truth ?

 

- What kind of wording should I use after I am done questioning the witness ?

 

- What kind of wording should I use if I don't agree with witness' answer ?

 

Thank you for any responses !!!!

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Go to the court for a couple of days and watch if you have time,that way you see how the judge does things in his court,once you get used to the surroundings you will feel a little bit more at home.also a well studied motivated defendant is hard to beat.go over several times what you are going to present to the court and the plaintiff. 

Pretend a guy who you did not like in school says you owe me 6500.00 dollars,now pay up.and you did not owe him the money.you may owe someone but you dont owe the junk debt buyer.First thing the junk debt buyer attorney will want to talk to you in the hallway about how you should settle with him and he will hand you a clipboard and a pen and tell you to sign here and it will all be over,we can all go home.you would have just signed a stipulated judgement,and would be doing dishes for the junk debt buyer for two or three years.SO NEVER SIGN ANYTHING THE JUNKDEBT BUYER HANDS YOU!!!.

 

You would make history if the witness showed up,they almost never do,something always comes up.

 

Listen Twice As Much as You Talk,if asked a question dont race to answer,relax,breath,then answer when you are ready.

 

sometimes the judge will ask you if this is your credit card debt.you better know how to answer work on this.

never admit to anything but your name,address. if asked if this your account or credit card debt.

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, object on the basis that it wasn't included in discovery. If the judge still allows it, see if it is authenticated.
  2. If any evidence isn't authenticated, object to it as hearsay. "Authenticated" means there is a letter from Bank A stating that these are true copies of the original.
  3. Also make notes to bring to court,index each page so you know where to turn to quickly.
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  1. If any evidence isn't authenticated, object to it as hearsay. "Authenticated" means there is a letter from Bank A stating that these are true copies of the original.

 

Quick point: Don't assume because a letter authenticates "records" that THIS document is part of THOSE records. Make sure the letter from Bank A mentions and has attached THAT SPECIFIC document they are trying to introduce. If they haven't, it is unauthenticated.

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Is there rule or regulation to bring an attorney to defend our case at the last minute ? Do we have to file any paperwork prior to trial to introduce such attorney ?

Yes, they would need to file a subsitution of counsel

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Here is a brief outline of my case:

- Sued over credit card debt.

- It's an OC, and they had hired an attorney to file suit.

- They mailed the ccp 98, along with all the monthly statements since account is opened, and the affiant testified under penalty of perjury...under the laws of the state california, that the foregoing is true and correct.

- I already served the subpoena, requiring this affiant to appear on court day.

- The affiant claims the regulars on the affidavit: have personal knowledge, familiar how the business is run, all these statements are duplicates from originals, and generated in the course of business.

 

- I was able to speak to 1 attorney over the phone. I explained him my situation, however, he told me that I don't have a strong case... even AFTER I quoted him all the questions that we all discussed here on the board. He even told me straight out that even though we proved & showed to the court that she is not one reliable witness, etc, etc, etc after all the questioning, the judge might still rule on their side. However, this is not the case that I've read all over this forum. Any input ?

- Since I've never been into a court, can you guys share with me the sequence of events on how the proceeding is from the minute you walk in. I might help me visualize and prepare myself mentally.

 

- What kind of wording should I use if I don't think the witness is telling the truth ?

 

- What kind of wording should I use after I am done questioning the witness ?

 

- What kind of wording should I use if I don't agree with witness' answer ?

 

Thank you for any responses !!!!

There was a user VLDCA, she went to her lawyer friend and he started to help her until it became too difficult then he told her she couldn't win because she didn't have a case. She found this fourm like 2 weeks before trial, she didn't do a BOP or RFP's, calawyer just told her to do subpoena the witness and she WON that case.

 

If you haven't already readup on Chiquita55. She was up against OC and she too came to this forum late. SHE WON...

 

I guess it would depend on the strategy and your understanding of the evidence admission. Here's an article I found that may help you it's on Rules of Evidence (Federal rules and California) and the different types as well as Form of Examination/Discrediting and Accrediting a Witness http://corporate.findlaw.com/litigation-disputes/summary-of-the-rules-of-evidence.html

 

Hope this helps....

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Have you already attended a hearing on this?

 

Is Friday an actual trial or a pretrial hearing?

 

I actually made the mistake of sending a subpoena for the initial hearing and had to send another for the actual trial. In my case they dismissed because the witness didn't appear.

 

Have you filed any paperwork with the court concerning this matter?

 

Who is the OC and are their any collection agencies involved?

 

How much are you being sued for?

 

I'm not familiar with California, but most states have at least one hearing before the actual trial.

 

Was the attorney you spoke with a consumer attorney? http://www.naca.net/

 

I ask this because a lot of  attorneys tend to not get very excited about cases like yours. Not a lot of money involved for them and many are skilled at just cutting deals. The NACA attorneys, like a lot of the ones who post here, have a passion for what they do. Way too many other attorneys are just looking for a quick easy buck and you are not that ticket.

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He even told me straight out that even though we proved & showed to the court that she is not one reliable witness, etc, etc, etc after all the questioning, the judge might still rule on their side.

 

Now that is where a law degree shines.  You're not going to get that solid of advice of, you might or might not win unless you're talking to somebody with a law degree.  

 

Except for the lawyers that post on this board and are true fighters, lawyers always tell people on this board they don't have a strong case or won't win. 

 

The reason is because most lawyers don't want to go to court.   That is why most of the advice on this board is always talking about showing up in court and fighting.   Most lawyers idea of winning is a settlement where you pay less than what you got sued for.   To us that's defeat.  And the HUGE reason is because lawyers have to work with each other all the time.   That lawyer is not really going to fight tooth and nail for you on a credit card case.   They don't want to hurt their business contacts and realtionship with other lawyers over a nothing case in their opinion. 

 

I had a lawyer tell me one time "I can't do or say that, I have to work with those people all the time"  Right, I don't, so you sit there and watch me win.   We fight dirty, but within the rules, licensed lawyers won't do that for you.  They say they will but they won't, in a collection case. 

 

Again, please, please, please, please, understand I'm not talking about the lawyers that post on this board and help tons of people with their great advice, for example, Calawyer, who is a God send for California debtors !!! and a true champion and fighter against scum bag collectors. 

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I guess the lack of discovery on silverjacket's part did him in... either that or he tied one on after a miraculous comeback and he's still sleeping it off.  Let us know what happened. Even a loss at trial doesn't necessarily mean it's over.

 

Help us help you.

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