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CA judge rejected Target v Rocha & overruled all objections of JDB's evidence


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My case was very similar to SeaDragon's case.  I was a pro se all the way to the last 2 wks before trial.  Everything was going as planned, except that I learned that JDB would bring a witness due to the fact that they had lost ground on the CCP98 so much lately. I decided to hire a competent lawyer to represent me in trial because I thought I would be nervous to cross examine the witness.

 

On trial date, JDB brought a witness, not the same person on CCP98.  My lawyer objected both the CCP 98 and the witness at trial. Unfortunately, the judge said he didn't agree with Target v. Rocha decision, and overruled objection of CCP98.  The judge also overruled hearsay, lack of foundation and admitted the CCP98 and live witness' testimony.  He also admitted the Bill of Sale which didn't have my name or account number.

 

The judgment against me was soon entered.  I wonder if anyone know if there is a limited amount that JDB could levy my bank account? I don't keep much money in there, but I need to keep some to pay bills.    

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My case was very similar to SeaDragon's case.  I was a pro se all the way to the last 2 wks before trial.  Everything was going as planned, except that I learned that JDB would bring a witness due to the fact that they had lost ground on the CCP98 so much lately. I decided to hire a competent lawyer to represent me in trial because I thought I would be nervous to cross examine the witness.

 

On trial date, JDB brought a witness, not the same person on CCP98.  My lawyer objected both the CCP 98 and the witness at trial. Unfortunately, the judge said he didn't agree with Target v. Rocha decision, and overruled objection of CCP98.  The judge also overruled hearsay, lack of foundation and admitted the CCP98 and live witness' testimony.  He also admitted the Bill of Sale which didn't have my name or account number.

 

The judgment against me was soon entered.  I wonder if anyone know if there is a limited amount that JDB could levy my bank account? I don't keep much money in there, but I need to keep some to pay bills.    

 

The only limitations on how much money can be levied out of a bank account are if the funds come from an exempt source such as disability or SSI.  For exempt funds up to two months worth of benefits are exempt from bank levy.  If your funds come from paychecks or other non-exempt source they can take up to the entire amount of the judgment from the account or the entire thing if the balance is less than the amount owed on the judgment.  The bank will also charge you $100-$150 fee for having to handle the levy.  

 

I would transfer your money in the account to a pre-paid debit card so that they cannot get it if they do try a bank levy.

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In my case plaintiff also brought a witness, foregoing ccp98 completely. I thought I did a good job cross examining, but judge similarly overruled all of my objections. If you're interested in appeal (and I think you should be) I have filed appeal in my case, and have a thread detailing the process and how to get started.

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