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Today the OC notified me that the account I contacted them about was after their invesigation found to be of a dubious nature . They said they would contact whoever bought the debt to have it deleted and returned . Also today they deleted it from the credit reporting agencies . Will this stop the lawsuit when it gets to the debt buyer?

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Thursday the court clerk tells me still no proof of service filed , today in the mail a letter from the court for a case management conference . Also I heard these things sometimes only take 10 mins or so which is a bit of a bummer as it is a 280 mile round trip for me . But for the stated address for the plaintiff its 350 . Do I need a plan of action or just go with the flow?

Can't you get a change of venue? 10 minutes would be a long one(CMC). They will probably have a local lawyer (who will already be there with his own cases) to fill in for the bottom feeder. As far as the CMC you just go with the flow, as far as the case goes; I would come up with a plan of action.

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You know perhaps I will . The reason I did not in the first place is because i thought it would be more of a hassle for the plaintiff . I did not know they could farm it out to a local lawyer . Does the named attorney on the lawsuit have to be at the trial , like I am required to do . The lawsuit is full of errors , signed under penalty of perjury , how could I discuss the case if he did not show up.

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You know perhaps I will . The reason I did not in the first place is because i thought it would be more of a hassle for the plaintiff . I did not know they could farm it out to a local lawyer . Does the named attorney on the lawsuit have to be at the trial , like I am required to do . The lawsuit is full of errors , signed under penalty of perjury , how could I discuss the case if he did not show up.

He's going to have to be there for a trial. That is a lot different. A CMC is no big deal, and they are rarely there. Make it a hassle on them in other ways. Keep track of all the errors and everything else they do and then use it against them.

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 how could I discuss the case if he did not show up.

A more important question is how can HE discuss the case if he does show up?

 

1)    he has no firsthand knowledge of the alleged debt or any of the records that pertain to it.

2)    Without a competent fact witness, any documents he mentions will be hearsay

3)    A lawyer cannot testify... remember he is not the one suing you.

 

You have to learn the rules of evidence (hearsay, business records exception to it), as well the best evidence rule, rule of completeness, and rules of authentication. And OBJECT.

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Here we go , this is a bit long but this is what I received today in response to my B O P. plaintiff ccc responses reflect its knowledge and information at this stage of the litigation and its discovery and investigation are not complete. Plantiff ccc reserves the right to amend or supplement these responses should this become necessary or approriate . In addition plaintiff ccc responses herin do not preclude it from relying on facts or docs discovered  or generated persuant to subsequent investigation.

 

2 Plantiff ccc objects to each demand to the extent it seeks information or docs subject to attorney/client or work product privileges.

 

3 Plaintiff objects to each demand to the extent it seeks information/docs that are not in the possession custody or control of plaintiff.

 

4 Plaintiff ccc objects to each demand to the extent it seeks info/docs that are neither relevent to disputed issues of fact or law not reasonably calculated to lead to the discovery of admissible evidence.

 

 

It goes to say plaintiff produces all know docs responsive to this request that are currently in the possession or control of. It goes on to say they reserve the right to supplement this response if additional info is obtained.

 

They sent just statements from wamu/chase , only one had a date when I lived at that address.

 

And theres more, they sent a proof of service which had a different filed date to the one they emailed and signed by someone else.

 

And now the end is near and I face the final curtain , As the BBB and myself could not get any response from the plaintiff I went for the throat and contacted Chase . They replied and called to ask a few questions . After I replied and mentioned that I thought this account was included in in the recent California lawsuit against Chase , They replied we have investigated this account and have instructed to have all negative info removed from the CA and we we shall be sending you a letter stating that the ac is deleted and you are not responsible for this account . The end, I would really like anyones opinions on this , where do I go from here ?

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The California lawsuit states about a hundred thousand or more accounts were probably mishandled between 08 and 2011 . I think thats right .

My account was with wamu which Chase took over in 08 it was then sold on a few times . As I never had an account with Chase and they were reporting it on my credit report I asked them to validate it, which they could not .I am not sure my account is one that comes under this lawsuit , but I dont think they know either .

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