Jump to content

Its been more than 35 Days. No Respond to CCP 96. WHAT NOW


Recommended Posts

Hello.

 

Going to trial May. and I have send a certified mailed to the JDB of the CCP 96.  and still no responds.

 

Whats does this mean?

 

also. i need to mention this. the same day We have the MTC. thats when i send the CCP 96 Request. Its more than 45 days before trial. does it matter?

Link to comment
Share on other sites

Hmm, need to be sure about your timelines here. What date did you send out the CCP96 request? And what date is your trial? PM me if you don't want to post the precise dates here.

 

If your trial is in May, then at the earliest (May 1st) your trial is 20 days away. If, per your thread title, 35 days have past since you sent out the CCP 96 request, then you would have sent it out at minimum 55 days prior to trial, which doesn't comply with the code. If that's the case I don't think they have to acknowledge/respond to your request.

 

CCP 96

...

b.  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...

 

 

The window to send a CCP 96 request is between the 45th - 30th day before trial. If you sent it outside of this window, unfortunately you goofed. If you are still more than 30 days before trial, send it out again asap.

  • Like 1
Link to comment
Share on other sites

also. i need to mention this. the same day We have the MTC. thats when i send the CCP 96 Request. Its more than 45 days before trial. does it matter?

Okay, looks like you added this while I was typing my post above.

 

Yes, it matters that you sent the request more than 45 days before trial. That doesn't follow the code. Approximately how many days until your trial??

Link to comment
Share on other sites

May 15 is the Trial.

 

Send the CCP Mar 14. So LOL.. according to your last post. it make sense. they dont need to reply due to its over 45 days.

 

I will send another one tommorow. which gives it 35 days " (B) 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."
 

 

OMG.. good thing i checked up on this case..

 

 

(B) 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. - See more at: http://codes.lp.findlaw.com/cacode/CCP/3/1/1/5.1/2/s96#sthash.VzhHEWMN.dpuf
Link to comment
Share on other sites

Make sure you send it tomorrow, certifed mail at least.

 

If you are sending it certified mail tomorrow, they get 20+5 days to serve you the response. 20 days per the CCP 96 code, plus 5 days because you are mailing it. They need to serve you (place their response in the mail) by that 25th day. So it's possible you won't get the response back in your hands until 26 - 29 days from tomorrow (more or less) - not a lot of time to prepare for what they will send you.

 

Keep us posted.

Link to comment
Share on other sites

I just got a reply from JDB.

 

The CCP98 is from

 

1.  I m employed as a legal specialist and have access to pertinent account records for Mindland Credit Management. Servicer of this account on behalf of plaintiff. I'm a competent person over eitheen years of age and make the statesment herin based upon personal knowledge of those records maintaned on plaintiffs behalf. Plaintiff is the current owner of, and/or successor to th, obligation sued upon, and was assigned all the rights, title and interest to the defendant XXX XXXX account XXX XXX XXX. I have access to and have reviewed the records pertaining to the account and am authorized to make this declaration on plaintiff behalfs.

 

2. I m familiar with and trained on the manner and method by which MCM creates and maintain its business records pertainin to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, orfor a person with the knowledge to transmit information thereoff to be included in such records. .

 

3  BUCH of more crap.

 

4.  Based upon my reviuw of MCMls business records: 1 defendatns opened the BANKACCOUNT on May 1, 20xx. THE LAST PAYMENT POSTED ON THE ACCOUNT MAY 31, 20XX; and 3 the account was charged of on May 31, 20XX

 

 

skip to :

 

10 if called to testify as a witness thereon, i could and would competently testify as to all the facts stated herin...

 

 

Please NOTE. this guys works for JDM I THINK..

 

THE HELL. this sounds like junk to me. needs some help of how to respond to this.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.