rightfullynotyours

Midland sue me,I answered,now to Hearing.What should I do Before Hearing?

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ALSO I have received the "Package" with some bill of sale and affidavit from someone in New York and some credit card statements with only late fees and such but nothing on how the amount came to view a credit card application with no signature some bogus correspondence that they said they sent me to an incorrect address where I never lived before, and a supposed "data" sheet from electronic records provided by CHASE pursuant to the bill of sale which I was not expecting and it contains full name, last 4 digits of social, old correct address, old correct ph, credit limit, complete card number, the alleged amount from I am being sued, etc. any thoughts?

 

 
 
 
 

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Also since I am NOT satisfied with the BOP they sent me I am about to request a second production of documents here it is and any thoughts on this would be great! 

 

 

 

 

 

PRELIMINARY STATEMENT

This Defendant has to recourse to a second production of documents request to Plaintiff for the following reasons:

1.- Plaintiff’s first production of documents are misleading and insufficient in detail, documentation provided by plaintiff lack ANY agreement between Plaintiff and Defendant and NO signatures from Defendant were provided.

2.- Documents provided by Plaintiff where assignment of Account from Chase Bank to Plaintiff are insufficient, nowhere in the documents provided, stated that the alleged Account ending in xxxx were assigned to Plaintiff and that Plaintiff have Standing in this Action.

3.- Documents provided by Plaintiff where any details of the Alleged account on which the cause of Action on this complaint is based, are NO itemized transactions that gave rise to the amount on the complaint of $1,306.37.

THEREFORE:

Defendant hereby request that Plaintiff answer the following Request for Production of Documets SET No2. Production of documents need to be served to the Defendant within 35 (thirty five) days from the date of service herein.

 

INSTRUCTIONS TO THE ANSWERING PARTY

 

1.- The Documents produced must be originals and not xerographic reproductions unless good cause can be shown why originals could not be produced, and you stipulate that any copies produced are complete and accurate reproductions of any originals and that such copies can be used for any purpose, including at trial, as in place of such originals.

2.- Plaintiff cannot purposely made its own documents in place of those of the Assignor/Original Creditor, Affidavits of “knowing” the Account are not sufficient to prove that Plaintiff have standing as the successor owner of the alleged account and/or in place of the original creditor.

3.- Plaintiff is required to provide conclusive proof of chain of ownership, with the Alleged account ending in xxx in such Documents of ownership, fail to provide such conclusive proof is lack of Standing in this Action against Defendant.

 

DEFINITIONS

 

1. "ADDRESS" means the street address, including, the city, state, and zip code.

2. "FULLY IDENTIFY" means in relation to persons to state the full name, telephone number and last known address, including city, state and zip code; in relation to documents, "FULLY IDENTIFY" means to provide the name of the document, date of the document, and the type of document.

3. "MUST" means you have to comply, that is a requirement, that needs and have to be produced, that have to be available, that is necessary to, that you are obliged or bound to produce, that you are forced to provide or produce.
4. “DOCUMENT” means and includes, but is not limited to, the following: ANY writings, drawings, graphs, charts, photographs, phonograph records, tape recordings, notes, diaries, calendars, checkbooks, books, papers, accounts, memoranda, correspondence, reports, spreadsheets, working papers, drafts, appointment books, videotape recordings, and ANY computer-generated, computer-stored or electronically stored matter, such as e-mail, instant messages, computer databases and electronic data stored on hard disks, floppy disks, magnetic tape or other electronic storage medium, as well as ANY other written, typed, printed, graphic or recorded matter of ANY kind, however produced or reproduced; ALL “writings” within the meaning of California Evidence Code §250; and ALL “writings,” “recordings” and “photographs” within the meaning of Federal Rules of Evidence §1001. Any written, printed or electronic copies of DOCUMENTS bearing notations, marks or codes not found in the original shall be deemed to be different DOCUMENTS and shall also be produced. “ANY” shall mean “any and all.” Similarly, “ALL” means “any and all.”

5. “CREDIT APPLICATION” means the Original Signed Application bearing Defendant’s own Handwriting Signature for any contract between Plaintiff and Defendant or Defendant and Plaintiff’s Assignor Chase Bank U.S.A.

6. Throughout these interrogatory and discovery requests, language should be read in light of the context in which it is used. Consequently, the singular includes the plural and the plural includes the singular, where appropriate. Furthermore, the masculine is intended to also refer to the feminine, where appropriate and vice versa.

 

 

DOCUMENTS TO BE PRODUCED

REQUEST No. 1:

ALL DOCUMENTS relating to or constituting ANY agreement between Defendant and Plaintiff with Defendant’s signature. As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.
REQUEST No. 2:

ALL DOCUMENTS relating to or constituting ANY assignment to Plaintiff of the Account referred to in the complaint, note that the Account of Defendant should be visible in such Documents and the Account referred to in the complaint MUST to be FULLY IDENTIFY by Name, Last Name and the last known ADDRESS at the time of transfer. As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.
REQUEST No. 3:

ALL DOCUMENTS MUST have the details of the Account on which the cause of action for goods sold and delivered, money had and received, money lent or paid, quantum meruit of plaintiff’s complaint is based, MUST include the date of each transaction, MUST have a description of the services, materials or goods supplied or other considerations rendered, MUST have the price or charge made for each item.  As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.

REQUEST No. 4:

ALL DOCUMENTS constituting statements of Account number ending on XXXX-XXXX-XXXX-XXXX  MUST show all payments and credits from inception until present, this is a requirement Plaintiff MUST Provide in order to prove Standing and that the alleged amount of $1,306.37 is a valid amount based on purchases and NOT in bogus claims.  As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.

REQUEST No. 5:

ANY and ALL DOCUMENTS where the Defendant signature appeared on deposits, checks and credit card purchases.  As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.

REQUEST No. 6:

MUST provide Original CREDIT CARD application bearing Defendant’s own handwritten signature.

 

 
 
 
 

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If you're not satisfied with the BOP - send a meet and confer letter. Give them say 10 more days (+5 for mail), then file motion to preclude/compel.

 

Don't request production yet - see the BOP out as far as you can go...

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@1stStep THANK YOU for your response! but they claim that BOP is not proper because of "Account Stated" on the complaint they already objected. so what should I do? Thats why I was thinking in asking for a 2nd production of documents and annoy the hell out of them before I send the meet and confer letter what do you think?

 

mean time here is my answers for special interrogatories

 
 

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The Defendant in the above cause responds as follows to the first set of Special Interrogatories.


RESPONSE TO SPECIAL INTERROGATORIES

SPECIAL INTERROGATORY NO. 1:

State each name by which you have been known in the past six years.

ANSWER: Defendant OBJECTS. As Plaintiff requests materials that should already be in the possession of the plaintiff.  Known name in the complaint: (My name)

SPECIAL INTERROGATORY NO. 2:

State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

ANSWER: OBJECTION. Irrelevant, unduly burdensome and oppressive, violates privacy; interrogatory calls for subparts and violates CCP.  Plaintiff is “fishing” to obtain information that is not relevant to the Action, the known address provided by in the complaint as well as the “bogus” documents provided by Plaintiff are: (old address they provided). AND as well as the current mailing address of: (current mailing address) that are ALREADY known by Plaintiff.
SPECIAL INTERROGATORY NO. 3:

State name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer.

ANSWER: OBJECTION The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a countersuit if attempted.

SPECIAL INTERROGATORY NO. 4:

Did you ever report to CHASE BANK USA,N.A. that there was inaccuracy in any billing statement you received from CHASE BANK USA,N.A.?

ANSWER: OBJECTION Argumentative and lacking in foundation. Specifically that any such billing statements were received.

SPECIAL INTERROGATORY NO. 5:

Did you ever report in writing to CHASE BANK USA,N.A. that the ACCOUNT was opened as a result of fraudulent activity?

ANSWER: OBJECTION Argumentative, lacking in foundation, and compounded.

 

VERIFICATION

 

I, (my name), am defendant in the above cause of action. I have read the first Set of Requests for Special Interrogatories propounded to me by plaintiff, Midland Funding LLC, and my response to the request. I am familiar with the contents of both. Based on my knowledge, the responses to plaintiff's requests are true.

 

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

 

 
 
 
 
 
 
 
 

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Did they JUST sue on account stated? Or, was there account stated plus common counts (breach, money lent)? 

 

If they did account stated + common counts, then you are entitled to a response to the BOP. 

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@1stStep Yes just account stated:

 

 First Cause of Action

  (Account Stated)

 

-Plaintiff realleges and incorporates by reference the foregoing paragraphs.

-Within the last 4 years, Defendant became indebted on the Account to Plaintiff in the sum of $1,306.37 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff.

-Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due.

-As of the date of this complaint, there is due and owing the unpaid the sum of$1,306.37 and additional interest on the amount of $130.20. Interest has accrued and will continue to accrue on the unpaid sum of $1,306.37 at the rate of 10% per annum starting on January 31,2012.

 

therefore prays for

1 unpaid balance of $1,306.37

2 Interest due at ...

3 cost of suit

4 such other relief..

 

Thoughts?

 
 

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OK - so answer the discovery, then send your own...

 

You're going to want to attack their standing to sue... this is the way to get around the account stated. 

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OK guys here is my first draft of answers I followed other people on this forum and I have copied some of the answers from others and added my own twists here and there any comments will be appreciated!

 

 

ANSWERS TO DOCUMENTS TO BE PRODUCED SET ONE

 

1.- Any and all DOCUMENTS that REFER or RELATE to credit cards issued to You by CHASE BANK USA,N.A..

Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

2.-Any and all DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK USA N.A. from March 13, 2008 to January 31, 2012 for account number ending XXXX.

Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

3.-Any and all DOCUMENTS that REFER or RELATE to transactions initiated by You on a credit card assigned by CHASE BANK USA N.A. bearing the account number ending in XXXX from March 13, 2008 to January 31, 2012.

Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant.  Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

4.-Any and all DOCUMENTS that REFER or RELATE to payments by You or CHASE BANK USA N.A. that were to be applied to the outstanding balance on a CHASE BANK USA N.A. credit card.

Answer: Defendant objects as the Plaintiff’s request for Documents on the grounds that it is burdensome to the extent it seeks documents that are not within the current knowledge possession, custody or control of defendant, or more readily or accessible to Plaintiff from Plaintiff’s own files from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Defendant cannot provide what is requested, and has no documents in his possession to provide.   

5.- Any and all DOCUMENTS that REFER or RELATE to correspondence sent by You to CHASE BANK USA N.A., from March 13, 2008 to January 31, 2012.

Answer: DENIED This Defendant have no knowledge of ever sending ANY kind of correspondence to CHASE BANK USA N.A., and after a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant.  Defendant cannot provide what is requested, and has no documents in his possession to provide.  

6.- Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from CHASE BANK USA N.A., that referenced credit card number ending XXXX.

Answer: After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

7.-Any and all DOCUMENTS that REFER or RELATE to telephone calls made by You to Midland Credit Management Inc.

Answer: Defendant is unaware of and has no documents of any communications to Midland Credit Management Inc, or other person or entity, and is unable to provide this request.

8.- Any and all DOCUMENTS that REFER or RELATE to telephone calls received by You from Midland Credit Management Inc.

Answer: Defendant is unaware of and has no documents of any telephone calls or communications from Midland Credit Management Inc, or other person or entity, and is unable to provide this request  .

9.- Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from Midland Credit Management, Inc.

Answer: Defendant is unaware of and has no documents of any correspondence received by me from Midland Credit Management Inc, or other person or entity, and is unable to provide this request.

 

 

 
 

 

Did you really send a BOP?  What you posted in post number 14 is a Request for Production of documents.  I just noticed that you asked for a response in 10 days and the code gives them 30.  THat shouldn't be a problem (if they even notice), but I am just pointing it out so you don't expect a response sooner.

 

If you did send a BOP and Plaintiff refused to answer, check out 1111girl's thread for a good objection to the Requests for Admissions that plaintiff sent you.  It would also work well for special interrogatory number 5.

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@calawyer I did send the a BOP they objected but send me some bogus documentation and they responded within 10 day! lol even though BOPis not proper, any way what do you suggest should I do next? I was thinking to send a 2nd request for production of documents, should I do that or Meet and confer? this is what I was thinking to send:

 

 

PRELIMINARY STATEMENT

Plaintiff’s response in is entirely is deficient. The responses served are insufficient, inaccurate and deceiving.  Plaintiff has not provided an itemization of the account showing all charges and credits thereto, as requested by Defendant. It has not provided the underlying contract referred to in the complaint between Plaintiff and Defendant and, with Defendant’s own signature. Such basic information is required to prove Plaintiff’s claim. Plaintiff should have such information readily at hand prior commencing this Action against Defendant. If not, it is difficult to understand how Plaintiff acquired a good faith basis to file the lawsuit.  Indeed, Plaintiff has only provided the following: A “Visa” account agreement with no signature, a document that it’s easily available at any bank’s front desk, without Defendant’s own signature it has NO validity.  Numerous copies of statements with bogus amounts, Defendant cannot properly identify as to where that “amount” come to existence, Defendant has no recollection of the alleged amount.  A bogus “Original” Bill of Sale and nowhere in the “Original” Bill of Sale the alleged Account with Defendant’s Name is clearly visible.  A “Home Made” “Data Sheet” with the alleged Account and personal info that is easily obtainable by any consumer firm for a fee.  An “Affidavit of Sale” again, with no conclusive evidence of the alleged Account.  Also, and more so important, some bogus “Pre-Legal Notification” and “Notices of Legal Proceedings” sent to an unknown address to Defendant at the alleged time. Clearly and without a doubt, Plaintiff in this last move is using the “Last Known” address now known by Plaintiff where Defendant was summoned of this Action. Plaintiff has used deliberately the address of xxxxxxxxxxxxx, ASSUMING Defendant lived at that address (Defendant has never lived at that address).  Plaintiff has made illegally and deliberately all these documents and made his own “Proof” and has LIED to this Court and this Defendant, that such documents existed before or that are truthfully the originals, with this “Move” Plaintiff has shown BAD FAITH.

 

Please serve a THRUTHFULL full response, If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response and sanctions or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. This Defendant has to recourse to a second production of documents request to Plaintiff for the following reasons:

 

1.- Plaintiff’s first production of documents are deceiving, misleading and insufficient in detail, documentation provided by plaintiff lack ANY agreement between Plaintiff and Defendant and NO signatures from Defendant were provided.

2.- Documents provided by Plaintiff where assignment of Account from Chase Bank to Plaintiff are deceiving, misleading and insufficient, nowhere in the documents provided, stated that the alleged Account ending in 0xxx were assigned to Plaintiff and that Plaintiff have Standing in this Action.

3.- Documents provided by Plaintiff where any details of the Alleged account on which the cause of Action on this complaint is based, is deceiving, misleading and insufficient, there are NO itemized transactions that gave rise to the amount on the complaint of $1,30X.xx.

THEREFORE:

Defendant hereby request that Plaintiff answer the following Request for Production of Documents SET No2.  Production of documents need to be served to the Defendant within 35 (thirty five) days from the date of service herein.

 

INSTRUCTIONS TO THE ANSWERING PARTY

 

1.- The Documents produced must be originals and not xerographic reproductions unless good cause can be shown why originals could not be produced, and you stipulate that any copies produced are complete and accurate reproductions of any originals and that such copies can be used for any purpose, including at trial, as in place of such originals.

2.- Plaintiff cannot purposely made its own documents in place of those of the Assignor/Original Creditor. Affidavits of “knowing” the Account are not sufficient to prove that Plaintiff have standing as the successor owner of the alleged account and/or in place of the original creditor, original documents need to be provided for coping and/or for examination.

3.- Plaintiff is required to provide conclusive proof of chain of ownership, with the Alleged account ending in 0xx in such Documents of ownership, fail to provide such conclusive proof will result in Lack of Standing in this Action against Defendant, and Defendant WILL recourse to a counter suit for damages.

 

 

 
 

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If you don't like a party's response to a document demand, you must meet and confer with them and file a motion to compel within the deadline set in the code.  A second demand won't work.

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@calawyer thank you, can you please elaborate a little bit more? so you suggest that I will send them a meet and confer letter and.."request for better production of documents on the letter?" the time for them to respond is 10 days? and if all fails a second letter and then the motion to compel right? 

 
 
 
 
 
 

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Look at defendant's response to your request for production of documents (and any other discovery you served).  There should be a proof of service attached.  When were the responses served?  If you can't find a proof, when were the responses signed?

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Under the code, you have 45 days from service of the response to file a motion to compel.  That is extended by 5 days if you were served by mail.  However, you must meet and confer before filing a motion.  There is no set time for a response to a meet and confer letter.  I usually give the other side 10 days to respond as I think that is reasonable. 

 

If you have to file a motion to comple, you will need to prepare several documents.  One of them is called a separate statement.  It can be kind of a pain to prepare.  So I like to prepare my meet and confer letter using the format of a separate statement.  That makes it easy to prepare the separate statement and also lets the other side know you are serious.

 

Here is a link to a meet and confer for RFP in form of separate statement:

http://www.creditinfocenter.com/community/topic/316601-contemplating-next-move-after-receiving-jdb-response-to-pod/page-2

 

Here is a thread containing a motion to compel RFP: 

http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/#entry1202922

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Hi Forum! I am sorry I have been absent, had a lot of work and I am in another Trial, Wife and I sue brother and mother in law for $1.5 million dlls, great cats those two, sole two properties under our noses, changing deeds of trust and they re-convey the houses under their name when to the bank ask for a million dollars, bank gave it to them and now we are screwed! so that is the reason I was absent, head spinning and more!

 

Anyways tomorrow I have my trial conference I am kinda scare I have been preparing myself following Astmedic's suggestions I am ready with my motion in limine and my trial brief I am ready to strike their affidavits which are hearsay and hope that will kill the case I will post tomorrow how it went, I could be all the way here at the doorstep without the help of this forum.

 

Thanks to everyone that have ever posted something, anything in this forum!!!

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Hi Forum! I am sorry I have been absent, had a lot of work and I am in another Trial, Wife and I sue brother and mother in law for $1.5 million dlls, great cats those two, sole two properties under our noses, changing deeds of trust and they re-convey the houses under their name when to the bank ask for a million dollars, bank gave it to them and now we are screwed! so that is the reason I was absent, head spinning and more!

 

Anyways tomorrow I have my trial conference I am kinda scare I have been preparing myself following Astmedic's suggestions I am ready with my motion in limine and my trial brief I am ready to strike their affidavits which are hearsay and hope that will kill the case I will post tomorrow how it went, I could be all the way here at the doorstep without the help of this forum.

 

Thanks to everyone that have ever posted something, anything in this forum!!!

Good LUCK. I have my Trial Next Month. and I'm Scare just thinking about it.. LOL.

PLEASE PLEASE. tell us how you did. and suggestion

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Hi @shellieh98 I did subpoena the witness, It was quite a big deal to find this cat!  This Kenneth Smith in his affidavit gave 5 addresses, two outside of 150 miles, 2 in L.A. and one in SD, I didnt hire a server so Wife and I went to serve him, and of course never heard of him at the address provided, we call at the offices in L.A. nobody knows him there either, went back at the SD address and finally after interrogating some personnel, found this cat at the aero drive address, we went there and asked for him and subpoena his a$$, believe you me, he was surprised to se us!!! lol.

 

Today I had my Trial conference and went ok, very simple lasted 2 minutes, Judge asked if we were ready, we both said yes, he asked for the joint conference papers, Timothy S Brown gave me a copy of the brief with annotations that I made a few days before we both signed and gave it to the judge, he said that we were to have trial next monday on a different department, we all agree and he dismissed us, wife and I left the room and Timothy followed us with his security guard...oh yeah he has one covering him in case someone wants to take revenge at him, too many angry people out there! he approached me and ask me if I wanted to settle, I burst a laugh and I say "Brother why I would do that? you have nothing on me, he kinda laugh and I said those affidavits are nothing they wont pass the motion on limine on monday! he looked surprised and very politely I said, see ya monday have a great weekend!

 

Lets see how it goes on monday I will keep you guys posted! thank you for the good vibes!

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@longstand no worries whatever I can do for you let me know, believe me its hard to do this thing by ourselves, but we have to doit! Today I sadly saw how many people didnt showed up and lost by default! only a handful of us showed up I would say no more than 4, There were some people with attorneys which is always an option if your debt is large mine its only $1,300 so didnt make sense to hire a Lawyer for $1,500 to save me from $1,300! so I figured even if I lose (which I dont think so) I will be kinda in the same boat money wise, so I will have fun in this process of which I might add, I have learned a lot, about my rights!

 

So let's spread the word to those less fortunate and help in any way we can.

 

@longstand so if you need anything let me know I will help you as far as my knowledge can. I have samples, pleading papers motions, rules, video links etc. Good luck!

 

I normally check this page at least once a day, normally at night.

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You have a low dollar amount case which can help you a lot, but the fact that you are in San Diego where Midland is located complicates things. Just a heads up that both Mr. Brown and Mr. Smith may show up on Monday prepared for trial. Start practicing your objections now. At a trial, you will need to object to each piece of evidence. Start practicing your cross exam questions for Mr. Smith as well. If he is there on Monday, you will need to impeach him.

Since you apparently caught the Affiant, Mr. Smith, by surprise with your subpoena, there's a chance he may already be booked on Monday. In which case Mr. Brown may ask the Court to continue the trial until a date when Mr. Smith is available. If so, you will need to object. A continuance should not be allowed at trial. Requests for continuances must be submitted in writing at least one day prior to trial.

Because your dollar amount is so low, if they are reasonable, or simply busy elsewhere, they will ask you once more to settle immediately before trial, and then ask the Court to dismiss without prejudice if you decline their offer. Alternately, they may offer a mutual release agreement in which each side gives up all claims against the other and each side agrees to pay their own costs. But sometimes they choose not to appear reasonable, and sometimes their trial calendar is light enough to proceed with a trial over $5.75 in profit for them.

Which leads to another heads up - who is your Judge? Hopefully it is not the same as @easy619 had for her case. I would want to know ahead of time, as her Judge is very pro-Plaintiff and will rule against even a knowledgeable and well-prepared Defendant regardless of what the applicable Code of Civil Procedure says. If you have her Judge, you will need to hire a court reporter (if your Court will allow at this late a date) to protect yourself against unfair rulings by making an appealable record of the trial.

Hopefully you have a different Judge and Midland will be either too busy or too reasonable to argue at trial over what amounts to small change for them, but realistically, to protect yourself, you'll need to prepare for all possibilities due to Midland's office being just down the road from the Courthouse.

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@small fry Thanks for the info! God I was reading it and my heart was beating strong! Jezz it seems I am unprepared somehow there is so much to learn! anyways I have no idea who the Judge is going to be, our first judge send us to a different department and we will be on a wheel you go figure. I have one question at what time I should file the MIL? or should I just include it with my Trial Brief? by the way should I file the trial brief and MIL an hour before trial and if so where? anyone knows? @calawyer any recommendations? trial is this monday!

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Indeed Mr. Brown is capable of putting together a decent case. But sounds like you have a CCP98 dec, which is much better. I didn't get a chance to read through your thread yet, but hope your judge's name doesn't rhyme with crapp! Good luck.

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