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Sued by JDB in CA - Next Steps


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Being sued by Junk Debt Buyer in California.  I have served them with (A) Request for BOP (B) Request for Admissions © Request for Production of Documents.

 

They have already missed the deadline on (A): 10 days + 5.  Should I act on it or wait to see if they miss (B)?

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I wouldn't wait. These are entities that would never give you the chance to make up for a missed deadline. Send them a Meet and Confer ( there are samples in a few threads - can't search as I am currently on my phone) asap and get that time clock going. They filed their suit without having the evidence, don't give em time to try and get something together. Pounce.

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Send the meet and confer, but don't threaten to compel, a bop compel is unlikely since you can get it thru traditional discovery. If they miss the deadline on your other requests by 1 spray plus 5., send them a meet and confer giving them 10 days, then file a compel.:) and a motion to have admissions admitted.

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Thanks for both for your responses....I agree shellieh98

I've seen precedent that a motion to compel on a boq will generally be rejected...so I did not intend to do so.  My question is does it make any sense to send a meet and confer for the bop if I don't intend to make a motion to compel?  Wouldn't it be counterproductive to do so by drawing attention to my case file....when what I really want them to do is snooze on my admissions?

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so they sent me a year of statements as a response to the bop....they also assigned my case to a different lawyer in the firm (no longer one of the partners...which I thought was interesting.  Since it looks like they are going to respond to my discovery requests...I was thinking of sending a meet an confer letter claiming what they supplied is deficient: they did not supply an agreement, the balance does not start from zero, and although the claim it is account stated there are other counts in their claim that warrant a sufficient response to the bop.  I'm searching for/drafting the meet and confer letter now.  What do you think?  is return receipt registered mail ok to send?

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So I didn't want to lose any time and sent the meet and confer letter via certified return receipt usps mail today.  Can anyone tell me if they respond to the meet and confer with more evidence that is still deficient or if they object....do I need to write another meet and confer letter to them or can I start my motion to compel/preclude?

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I received a response to my production of documents and admissions....before I get into the garbage they sent with my production of documents....I have a question about the admissions....so I received an envelope of all their papers...the response to my production of documents is very well organized (even though most of it is garbage)....I was surprised the response to my request for admissions was not included....then I looked at the Declaration of Mailing and it is listed as being served (along with the Production of Documents) but it is not included in the stapled stack of papers.  Their deadline to serve is THIS Sunday and I have read that a meet and confer is not mandatory on a Motion to Deem Admitted...but since they indicated on their Declaration of Mailing that their response to my request for admissions is included, but didn't mail it...am I obligated to write a Meet and Confer letter prior to making a motion to deem admitted?

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  • 2 weeks later...

Just an update...I actually pulled a copy written by the party suing me off the internet which I'm going cater to my situation and use.  I saw that I need to setup a court date before making the motion...I'll do this first thing Tuesday morning.  I have two questions though.  #1  Their declaration has a statement that says their an attorney for the plaintiff in this matter and know the facts of the case...I obviously can't use this.  Is there a pro se statement I can use to substitute?#2  Any advice?  ...thanks again for the help.  

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Just an update...I actually pulled a copy written by the party suing me off the internet which I'm going cater to my situation and use. .  

Good job, that's classic.

 

All you need to do is write your declaration using theirs as a template but you say:

I (name) am over 18 years of age, a citizen of California, and defendant in this case. I know the contents herein to be true and will testify to those facts.

 

You can use most of the language in their declaration.

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Just an update...I actually pulled a copy written by the party suing me off the internet which I'm going cater to my situation and use.  I saw that I need to setup a court date before making the motion...I'll do this first thing Tuesday morning.  I have two questions though.  #1  Their declaration has a statement that says their an attorney for the plaintiff in this matter and know the facts of the case...I obviously can't use this.  Is there a pro se statement I can use to substitute?#2  Any advice?  ...thanks again for the help.  

Way to go! 

 

SkippieB

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  • 3 weeks later...

Hello everyone....In the last week, the jdb sent me their CCP 96, CCP 98, and 1987 for me.  My questions are: CCP96...its too early...the trial is in May...can I wait 20 days and object to it or send a letter?  Their CCP 98 lists a person and gives the attorney's address as the place for service.  Can I subpeona the person once the 20 days prior to trial hit or do I have to wait for her to be indicated on the response to my CCP96 (when i get it back in about a month)?  One extra thing worth mentioning is that I noticed they filed the CCP98 with the court.

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Don't wait for them to send a response to your CCP 96 before you subpoena.

 

Subpoena the declarant 20 days before trial.

 

Send them a CCP 96 at the right time, don't send it early just because they did.

 

As far as them sending you the CCP 96 early; you could just send It back to them with an objection that it is untimely, you don't have to wait for 20 days. It doesn't matter to you anyway since you probably don't have any witnesses or evidence to add to the CCP 96. You probably will only answer their CCP 96 with "witnesses and exhibits will be used for impeachment purposes only", but I would send it back to them first with the objection that it is untimely; then when they send it on time answer that one. 

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Per code, they can only bring people to trial that they specifically name in their response to your CCP 96 request. It's fairly certain they would include the CCP 98 declarant/affiant in that response. So long as they list her, she can show up, even if your supeona service fails.

 

* Even though the code restricts witnesses to those named in the CCP 96 response, sometimes judges ignore this. Be prepared to object if this happens, get it on record.

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Thanks.  If I subpoena her and she is not available for service and then I write-up the MIL....can they still bring her as a live witness to trial to testify?..Just curious.

Yes they can. Technically even if the judge strikes the MIL the plaintiff could still get that testimony introduced by producing the declarant of the CCP 98 as a live witness.

 

If they do not list the CCP98 declarant as a witness in their response to your CCP 96 request to them, and the declarant is not available to accept subpoena service, it is possible you could argue that she not be allowed to testify for those reasons (assuming the process server did not leave the subpoena with someone at the law office for sub service).

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Also, a good strategy that worked for me is this:

 

With the CCP 96, timing is everything.  If you send it to them in the mail, they have 20 days to respond plus an additional 5 days, because you mailed it, for a total of 25 days to respond.  A response is considered completed when it is dropped in the mail.  Now here’s the strategy, if you send them the CCP 96 via overnight currier, they get 20 days plus 2 court days to respond for a total of only 22 days if you time it right when serving with the court days rather than calendar days.  I only point this out because this worked in my case.  I was hoping they would be lazy and put my CCP 96 in the pile to respond to by day 25 and that is what they did.  They responded on day 25, I objected to ALL their evidence because they did not have a proper CCP 96 response as a result hey had NO evidence.  We had begun the trial by arguing my MIL about that very subject and, very important, trial HAD technically begun.  This is important because once trial has begun, the only option left for a plaintiff without evidence was a dismissal WITH prejudice.

 

The judge may not know that so if you get there, be prepared to educate the judge about CCP 581(e).

 

Also, CCP 96 say that "the request shall be served no more than 45 days or less than 30 days prior to the date first set for trial unless otherwise ordered." 

 

Good luck,

 

rt  

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