oreobloopca

MIDLAND AND PORTFOLIO ARE SUING US CALIFORNIA L.A.

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Oreo,

 

Generally, not speaking to the other side is a good plan, even on the eve of trial.  The risk in not talking to them is they maybe trying to decide to continue or not.  Most likely they will want you to settle for some amount.  No one can determine if you should settle or go to trial, only you.

 

All of the information on what to do and when to do it, is based on learning's over time.  If you have followed the direction and steps, generally, you should have placed them in a no win situation, unless the judge ignores the law, so on to trial.

 

But only you know how well you followed the steps.  They always have the FEAR card, until we or you take the card away.  This is what keeps most from wanting to speak to the other side.

 

Frankly, many times folks share that prior to trial the attorney will want to step outside to see if the case can be settle prior to the trial starting.  So this call is likely the same conversation that you may have at the court house.

 

In the end it is your choice when to speak with them.  If you do and plan on going to trial, just stand your ground, thank them for the offer of settlement, but decline.  If there is a lump sum number that you would be willing to pay to make it go away, then offer it up.  Notice I said Lump Sum, any settlement discussion should be a one time payment period! 

 

Good Luck on which ever way you decide to go.....or whether you decide to speak with them or not.

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I would echo everything String wrote above.

 

But why? we arel going to court in a few weeks ...

They want money from you...and they want it as risk free as they can get it. That's all they have ever wanted. Trial is a risk they prefer to avoid - they are going to want to settle because it's the easiest way to extract anything from you.

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Ok I got a phone conversation with them and they asked for money like Ryanex mentioned ..but they have not respond to ccp96 and it seem like they trying to play that they didn't get it certified mail I got the signed slip back by a staff member... well also he wanted to arrange payments etc..

so my question is they failed to respond to ccp96 what should be the next step please help..

thanks

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I would not have mentioned their lack of response, but if they failed to respond to the ccp 96 then the code states they are to be precluded from admitting evidence at trial, if you object.

Make sure you counted the days right and they are indeed late. This is a good break for you.

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Oreo,

 

Assuming you have correctly accounted for the 20 days correctly, not a big deal that you mentioned they have not responded in a timely fashion.  Personally, I don't help the other side by pointing out their errors, unless it benefits me.

 

I don't see any harm other than some poor paralegal got their butt chewed for not filing or catching the error.

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Please don't give up...you can win....I did to my amazement, I won a "Judgment for Defendant"!! I received a check

from them today. They had to pay me back my cost of the suit.

 

Plaintiff (Portfolio) failed to lay a foundation and the witness was not the custodian of records (needs to be from the OC).

The witness was not qualified to testify on the documents to the authenticity of them or how the records were kept

or created. 

The Judge told the plaintiff this after the witness was asked a few questions on the witness stand. So the Judge

knew what the Plaintiff needed to prove and they failed to do so.

 

The Plaintiff took me into a room to get me to settle and I said NO, I have come this far and I will finish it up.

So we went back to court room and started the trial. I figured if I settlel, they win, if I get a judgment they win. SO

I Objected to everything that felt wrong on plaintiff part. If you don't object to things the judge will allow it. so be

ready to object, object and object. 

 

I was also put on the stand , they asked if I had seen these statements (I said no other than in litigation), they asked

if the address on the statements was my address (I said yes, but I lived their a very short time), they asked me if

I made payments and charges on these statements (I said I don't recall making pymts or charges, so NO).

 

I never had done this before. I only knew that I would do my best. I had some confidence from reading, reading this

site. Everything I knew I had to do was from this site. But what I learned in the court room is to object and object.

Object to ccp98, object to all their documents as Hearysay, plaintiff is not the custodian of records.

 

GIVE IT YOUR BEST SHOT....YOU CAN DO THIS. They have nothing to win, all is Hearsay, but you must object to this

or the Judge will allow it, object.

All I know is I did it and SO can YOU. I also know this is VERY stressful, it's on your mind all the time, can't sleep, but

it will be worth it if you just keep reading and reading on here and do as they say.

BEST OF LUCK TO YOU!!

(if you read my thread, I note some things that happened in trial)

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oldwoman thanks for taking the time to write that and aslo thanks to all CIC members for helping ...

so it's offial they did not respond to my ccp96 they are over 20 days but there is more court postpone are date to one more month so now i'm confused if they have more time to respond or one time and no more chances or do I have to request it again please help. 

thanks

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Have you got your trial folder organized? do you have trial questions just in case they bring a witness? Do you have an objection cheatsheet ready? Also if you have MIL are you ready for those arguments.

Got a suit ready for court? Red tie?

I have faith you are prepared but just wanted you to be ready.

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Yes they HAVE to respond to yours because they have the burden of proof and must present a case. And they must give you what they plan to present in their response to your ccp 96 request.

You do not have to respond to theirs because you are going to use and attack whatever they present. You do not have to disclose anything you will use for impeachment purposes (which is the whole case). If they don't respond to the ccp 96 then they are to be precluded from entering evidence and will have no case. If you don't respond to theirs it makes no difference. You have the advantage here.

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MIL means motion in limine which means a motion at the threshold or beginning of trial. We are calling them objection rather than MIL now.

You will find examples in ASTMEDIC'S thread and St ring's thread. Ryan ex and Qbert probably have them as well.

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