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Court date 5/15/2013


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I have court coming up soon (5/15). I'm being sued for Account Stated and Money Lent.  From what I see the JDB is using boiler plate lawsuit.  I have received as evidence a couple of CC statements, no original contract, a bill of sale from BOFA to Cavalry, but my cc not listed in the bill of sale... I did receive a text file containing cc data (supposedly from the sale). 

 

I did Debt validation, got the above, I answered their interoggatory and request for docs, and submitted my own.  I thought they would drop out by now... No such luck.  Then I also get notice that I'm being moved to another courthouse... much further away (I'm in CA, part of the court consolidation). 

 

I need to prepare a trial brief.  I've not received one yet from the plaintiff.  How do I start?

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I don't think I made myself clear, if your recieved a CCP 98 as described above, there is a something you can do that could potentially completely de-rail the plaintiff and really help you win but you do not have much time and must start the ball rolling right now.  I won't take time to explain it until I know you have been served a CCP 98 document.

 

rt

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Some additional info re the ccp98.

 

 

Individual lists an address where "she is available for service of process" which is within the 150 mile limit... however her current address is listed in Phoenix AZ - which is definitely not within 150 miles

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I did receive a CCP 98

 

The declaraent, or witness, is usually someone from out of state so they give you a bogus address that is within 150 miles for the court is an attempt to comply with the statute but it does not.  You subpoena the witness at the address that is within 150 miles of the court, they are not available for service as required by the statute (you have a right to question the witness), the witness does not show up and as a result, plaintiff can not introduce the declaration and ALL the documents it attempts to authenticate and you should win.  BUT you must subpoena the witness and OBJECT to plaintiff’s CCP 98 declaration or it will be allowed.   

 

Here’s a fill in the blanks subpoena form, fill it out, take it to the court and have the clerk sign it, then find a process server that can serve it for you.  You can find a local process server by doing a google search and it will probably cost you about $65.00.  You need to do this ASAP, today if possible, to give the witness at least 10 days notice and might have to pay the process server extra for expedited service to get it done quickly.

 

Other than OBJECTING to everything plaintiff attempts to bring into evidence and arguing why it should not be allowed, this is the only procedural maneuver I see that you have left at this late date but can be a powerful one.  Remember, if you subpoena the witness, they don’t show and you object, Plaintiff has absolutely nothing and should lose.  I say should because there’s no accounting for a loose canon of a judge.

 

Read CCP 98 (California Code Of Civil Procedure Section 98) so you have a clear understanding of what all this means.

 

I hope this helped, good luck,

 

rt 

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Also, the process server will give you a declaration of non-service or a declaration of attempted service or the address might accept service on behalf of the declaraent (which in NOT compliant with the statute and must be argued as failing under CCP 98 if it happens) and give you a declaration outlining that.  In any case, you'll need that to take with you to court to show the judge you attempted service.  But I'm here to tell you, in 95+% of the time the witness never shows up.

 

rt

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I have court coming up soon (5/15). I'm being sued for Account Stated and Money Lent.  From what I see the JDB is using boiler plate lawsuit.  I have received as evidence a couple of CC statements, no original contract, a bill of sale from BOFA to Cavalry, but my cc not listed in the bill of sale... I did receive a text file containing cc data (supposedly from the sale). 

 

I did Debt validation, got the above, I answered their interoggatory and request for docs, and submitted my own.  I thought they would drop out by now... No such luck.  Then I also get notice that I'm being moved to another courthouse... much further away (I'm in CA, part of the court consolidation). 

 

I need to prepare a trial brief.  I've not received one yet from the plaintiff.  How do I start?

 

 

I would suggest using Seadragons Redacted Presolve Trial Brief. It was used successfully in California and could work for you as well.

 

See attached.

How To Brief a Case (2).doc

Seadragon vs persolve trial brief.doc

Trial Brief - Colorado Case.doc

Tutorial on Preparing a Trial or Case Brief.doc

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