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Plaintiffs Trial Brief Question


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I'm looking over their trial brief in order to be prepared... and I'm wondering how does this work?  Should I review the brief and mark my objections in the margins and object as each item comes up? Or allow the plaintiffs to read their trial brief and then lay out my defense?

 

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Plaintiff states that all right, title and interest in the account was sold and assigned to Cavalry...

 

Stating that interest at 19.99 % continues to accrue since July 2009.

 

The agreement provides that Defendant is obliged to pay Court costs.

 

Stating Defendant is liable for common counts

 

1. indebtedness exists from Debtor to Creditor

2.An agreed balance on the account, and

3. The debtor expressly or impliedly promised to pay the creditor the amount determined to be owing

 

An agreed balance will be implied if a statement of the account is rendered and the recipient fails to object to it within a reasonable time.  This applies to revolving accounts and credit cards. An independent cause of action exists based upon the statements that were sent to Defendant, listing the continual charges and payments and balance due on each statement. Defendant failed to object to these statements. Therefore they remain liable for the balance on the statement as set forth in the final statement.

 

They conclude that based upon the foregoing facts, the accompanying documents, Plaintiff is informed and believed that it is entitled to a Judgement as requested. Principal amount $xxx , interest $xxx and court costs $275 leaving a total balance due of $XXXXXX.

 

they have a  declaration in lieu of live witness

 

1. Terms and conditions titled, PP Credit card agreement

2. Billing Statements

3. Assistant Secretary's Certificate of FIA Card Services, National Association, Bill of Sale and Assignment of Loans and Schedule A.

 

Do I object to the entire declaration or only the specific statements which she is not qualified to testify to?

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you will object to the whole thing one point at a time.  CAlawyer will show you how. 

so your suit is with EAF?

was their bill of sale to hilco, then on bill of sale hilco is crossed off, and EAF written in? That seems to be the going bill of sale for EAF fright now.  I don't see the particulars of your case posted, but listen to Calawyer, and I would bet money on a win. :)

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@cher6474 did you follow the advice of rivertime on your other thread?  Did you subpoena the declaration witness listed in your ccp98? If you didn't, that is not good,  I don't know if you have time now.

Your case particulars are not where I can find them, but you can't leave this ongoing battle to the last week and expect to go in with a win.  I hope CAlawyer has some great advice for you.

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It all depends on how your courts work. Some judges like to let the Plaintiff go first the the defendant get his/her turn. You can try to object when the time rises and if the judge allows it then you can continue to object to things, but if the judge wants you to wait your turn he will inform you, he may inform the parties how his court works from the start of the proceedings.

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It would have been easier to get the affidavit thrown out. The witness would not have shown. Now you will have to object to it and hope the judge doesnt let it in. If you would have subpoena'd the witness, they would have thrown it out....no affidavit, no case. Hopefully calawyer can tell you how to state your objection.

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Hello Cher,

With regards to your post #6 you will object to not only the affidavits but also the person because she is not an employee of the original

Creditor but of the Jdb. If you look at my thread 'its official we won against eaf' I have several objection documents that you can use as a template.

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Well I won! Judgement for the Defendant.  My question is the Plaintiffs attorney asked that the case be dismissed without predjudice.  I stated that I prefer it be dismissed with predjudice.  The Judge stated he was inclined to dismiss with predjudice, and he gave the attorney the option of dismissal with predjudice or judgement for the defendant.  Can someone enlighten me?

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Yea! Although it may have been easier to have the affidavit thrown out. There is an alternative. Go through each line of the affidavit andobject to all items that are objectionable. Most of tthe affidavit was here say. I also attacked the documents and @helpme your objections helped immensely.

I met a guy as I was walking out of court and he asked if I was an attorney because he wanted to hire me. I said you don't need to hire anyone.represent yourself, but check out creditinfocenter.com.

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If he dismisses with prejudice they cannot come back at you and sue again, but you pay your own fees. If judgement is for the defendant you can get your fees back from the plaintiff. :-) you win either way, congrats!

 

 

No.  In California, you are the "prevailing party" in either situation and can recover your costs.  THere is very little functional difference between the two. 

 

I think a judgment is slightly better for you because it looks more like the court resolved the merits of the case in your favor.  And that makes it a bit easier to get it off your credit report.

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IN that case, I would call the clerk and tell him/her that you appeared for trial, the Court announced that Judgment was enered for the defendant, and you would like to know whether the Court intends to prepare the form of judgment itself or whether the Court would like you to prepare it.

 

You should also file and serve your memo of costs ASAP so the court can enter that in the judgment itself.

 

Here is a link to the memo of costs:  http://www.courts.ca.gov/documents/mc010.pdf

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