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last minute continuance two weeks before trial. plaintiff suprised


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last minute  continuance two weeks before trial. plaintiff suprised but had sent me their trial briefs before court that day,  In the brief, they claim that the original/credit application or signed contract has been lost, and they sent me a ccp98 and request to use copies in liew of originals.  When and how do I object to this motion,  I am not good at speaking in front of judge,  I freeze.  Please help

dianne

 

 

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In that  subpoena what do I include in it? Anything about ccp 98 or a statement, or do I subpoena documents too?  I only have a couple more day until my trial breifs are due and my motion in limine, what do I include in that since I have not subpoena'd them yet how do I include that in my limine motion?  Sorry need some sleep but can't seem to finish this project, kind of went blank, sorry.  And again thank you.  Dianne

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This was written by ASTMedic, and should help you with the ccp98. 

 

 

So per CCP 98 you can attempt to serve the witness 20 days before trial at the address given. They address they give must be 150 miles at MAX from the court. If it's further it doesn't follow the code. They tried to give me 5 addresses to use for service but only one was in the 150 miles and that address was vacant (not good for them). So fill out a Subpoena and have the Sheriff Dept in the county where the address is listed attempt service. If they don't then use a process server. Be sure the server knows that service needs to be to the witness ONLY. It's the law. If service is unsuccessful then you can submit a Motion in Limine just before trial to get the CCP 98 affidavit tossed out. With no witness they have no way to back up the docs they want to use for evidence. I wrote this to help those after me understand why attacking the witness is so important.
 

 

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And you should probably read his whole thread, It may help you with your MIL and other issues in your case that are similar.

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

 

and here is the "Target vs Rocha" case Calawyer was talking about. http://www.courts.ca.gov/opinions/documents/JAD13-03.PDF

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Can I do the motion in limine before I serve  the subpoena, or do I do the motion in limine to exclude other information such as the affidavit's of debt that were a year or more after event, and BOS has signature of %&^*%$& that is unreadable, has a date of notary with printed date of 2000 and the last 0 is crossed out and made to look like a 9 20009, they admit they don't have an original copy  or a copy of the original:)! But I filed my CMS and told them I was filing a motion in limine and don't want them to block that somehow, anyway thanks for all your help! Dianne

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I would pull most of my motion in limine together, but don't send it yet. If you can wait and serve the subpoena (which you will be unlikely to do so) you can include that in your mil, gives it more bite. Read the mil written by homelessinca's thread, it will really help you with your own

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ok on the subpoena I have read to only serve the witness, then I have read leave it with whoever they listed in c/o abc legal services.  By the way that is the same place the process server worked at the time she claimed to have served me, however that never happened, and the default was set aside.  I just think something is up with the connection of the lawyers and the abc legal place.  Just a thought.  Anyway I also read somewhere that I have to mention something about the subpoena and ccp98 affiant on it is there any sample I could look at as an example for California?  Thanks so much you all.  Dianne

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ok on the subpoena I have read to only serve the witness, then I have read leave it with whoever they listed in c/o abc legal services.  By the way that is the same place the process server worked at the time she claimed to have served me, however that never happened, and the default was set aside.  I just think something is up with the connection of the lawyers and the abc legal place.  Just a thought.  Anyway I also read somewhere that I have to mention something about the subpoena and ccp98 affiant on it is there any sample I could look at as an example for California?  Thanks so much you all.  Dianne

 

 

Just to make sure:  You have to fill out the subpoena and have the clerk of the court sign it.  A lawyer can sign a subpoena but a pro per litigant can not.

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What would us Californians do without you Calawyer?  Thank you very much.  Is there an example of a motion in limine using the Target v Rocha case,  it seems like I search for hours, find some things that almost fit my case but not totally and I never get anything done.  Thank you so much for your help! Dianne

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Calawyer said to do a short Motion in Limine,  what does short mean?  Every one I have read so far is very longgggggg, don't know what I should include.  The custodian of records, admits in he declaration, the they do not have the original of terms amd conditions, and "if applicable  "  copies of any relevant statements.  They attached two billing statement the last 2 months one has outstanding balance and one of a charged off principle and charged off finance charge but it has new balance of 0 and a total amount due 0 with a scheduled payment date of 2/03/2009, no final balance.  Then a page that says data printed by Jdb from electronic records provided by wells fargo bank n.a. persuant to the sale of accounts  on 9/30/2009.  An Affidavit of debt from sales liason from wells signed 7/11/2012 notary from state of iowa county of Dallas , another one dated  3/28/2012 notary in Iowa

and a bill of sale signed by someone cant read, no stamp of name or title, for sale of Charged off accounts dated 10/28/2008.  with a date signed on 9/30/09 and notarys statement date is altered.  What do I include in my MIL if I have not subpoena'd the witness. Can I leave that part out.  Even if the witness shows up, would this be the only evidence they can bring or can they try and bring other copies I have not seen yet? 

Another question what about written objections? Can I do them instead of argueing at trial (I freeze) Brain Fart!lol  when I get up there.

If I do argue in court, how fast does the plaintiff run through his evidence,  I am just rambling on but when I try to find these answers they don't get very specific.  Thank you everyone!   i read that Portfolio usually brings a witness.  yiks!

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Start with the Homeless MIL and edit it.  It is very long but it is repetitive. You only need to say things once.

 

Your MIL is your objection to evidence.  You will file it a few days before trial so plaintiff will hopefully just dismiss if it can't bring a witness. 

 

You say: "What do I include in my MIL if I have not subpoena'd the witness."   Are you thinking about not trying to serve the witness?  I strongly urge you to do so.  It is a winner argument if they don't bring a witness.

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No I plan on serving the subpoeno tomorrow.  I looked her up "Evita Rodriguez"  on facebook,  I guess she lives in San Diego.  However the address they gave is in care of c/o abc legal services, so I thought at first she was in virgina but I guess it is they are doing business in Virginia?  What ever that means.  I am just really confused as to what information she will bring to trial if she shows up, just the random information they have already or they holding on to the real info they are going to try and bring, because so far there is no contract or agreement original, copy is from a different year, bill of sale refers to 2008, but charge off isnt until 1/2009.  Affidavit of debt in Iowa, and as I know it all is objectable I don't feel the confidence to be able to pull it off.  I am usually not like that, usually outspoken, but in court my train of thought and what I am going to say just goes right out the window.  I will look at homelessinca MIL, I thought it repeats itself, but it does make a point.  I was trying to draft it right now, and serve with a trial breif, my court date is Nov 6th so I didn't know if I had a deadline.  Thank you so very much for taking the time to answer me, you know of course I am you #1fan!  Do you practice where you get paid or is it all just helping us all out, without any compensation for you knowledge?  We all should contribute for your help!  Thanks again Dianne

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I have read Portfolio often brings a witness, and knowing that she is in San Diego, well looks bad for me? right?  Or is she going to testify that the evidence they have submitted is accurate, because it is altered, so she would look funny trying to say that was authentic,  but who knows.  If she does come, what do they usually bring or say, They are tring to use copies in leiu of originals according to her statement, would her word have more weight than mine? thanks! Dianne 

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@brediaj

 

Many here have been in situations where they needed help and scrambled around looking for answers at the last minute. Many of the questions you are asking are impossible to accurately answer since we don't know the details of your situation. I highly recommend that you answer these questions. It will make it much easier for others here to help you if they know what is going on. Just leave out your personal info and round off the numbers.

 

1. Who is the named plaintiff in the suit? 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

3. How much are you being sued for? 

4. Who is the original creditor? (if not the Plaintiff) 

5. How do you know you are being sued? (You were served, right?) 

6. How were you served? (Mail, In person, Notice on door) 

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

11. What is the SOL on the debt? 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or    B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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Who is the named plaintiff in the suit? 
Portfolio Recovery Assoc llc

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 
- Mark Walsh, Andrew Rundquist, Kevin Lawless Portfolio Recovery Assoc llc

 


 

 

3. How much are you being sued for? 
10k
4. Who is the original creditor? (if not the Plaintiff) 
Wells Fargo Bank N.A
5. How do you know you are being sued? (You were served, right?) 
had a defaut judgement and I was contacted by an attorney
6. How were you served? (Mail, In person, Notice on door) 
I wasn't, process server lied, got the default vacated and ordered to answer
7. Was the service legal as required by your state? No

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 
None
9. What state and county do you live in? 
California, Riverside
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 
6/22/2008
11. What is the SOL on the debt? 
4 years
12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or    B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 
had trial date set for Sept. 18, lost my house to fire, judge rescheduled for Nov 6th
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 
No
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 
I filed answer, admissions, roggs, ,  they file the same now a ccp 98 declaration in lieu of testimony,  They are claiming breach of written contract, and account stated

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.nothing had to get it during discovery,,

discovery included , Bill of Sale referencing pool of CO accounts dating Oct. 2008? 2 Affidavits of Debt Dated July 11, 2012 and March 28, 2012.  2 billing statements one with balance of 10k and the next with a charge off principle and a balance of 0, scheduled payment of 0.  Now a CCp 98 from custodian of records from Portfolio and request to use copies in lieu of originals admitting they have no original if there was one sent to Defendant"  and thats about all

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It may be different for California, but I don't know of any PRA witnesses showing up in my area. They mostly hire teenagers and young adults out of school to sign documents they read based on spread sheets. It varies but some of these employees have been know to sign several hundred of these a week. If they did have all the paperwork needed a legal/accounting professional could not accurately verify a fraction of the information these kids claim to. Many of them are paid bonuses on how many they sign and I doubt most even know what they are doing. The great news is the turnover rate for this type of job in this industry is less than a year. 

 

I do know of one C.O.R. that signed the affidavit over six months after she was no longer an employee there. Another signed thousands of them for over a decade after her death.

http://online.wsj.com/news/articles/SB10001424052970204204004576049902142690400

 

I'm not saying this is your case, but you definitely want to subpoena this person. The only thing you have going against you is the amount being so high.

That is the only reason they might think about putting up a witness. They really do not want these people appearing in court under normal circumstances.

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