credit2011

Just received Summons and Complaint but no proof of service.

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Last year I had this issue  I appeared in court on this one I believe for the motion- I think it was a proof of service issue that I did not include a date on this one I do not remember . Is this going to affect my case that this was denied?

 

: MOTION TO COMPEL
RESPONSE FOR FURTHER RESPONSES TO REQUEST FOR BILL OF
PARTICULARS -- FILED BY DEFENDANT . MOTION IS DENIED.
ALL FUTURE DATES REMAIN AND NOTICE IS WAIVED

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Not at all. As I recall your Mtc BOP was denied and the judge said you could use discovery to get the docs you requested, and you did that.

You were off with timing a bit and premature with your mtc date. You also had a bad date on your subpoena.

You got the ccp96 and you know what evidence is going to be used against you and just need to be able to object to it.

I think you are better prepared on this case. I thought you were better prepared then you may have been on the last one.

I think we are paying closer attention on this one and we can go over any concerns etc you have right up until trial.

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Not at all. As I recall your Mtc BOP was denied and the judge said you could use discovery to get the docs you requested, and you did that.

You were off with timing a bit and premature with your mtc date. You also had a bad date on your subpoena.

You got the ccp96 and you know what evidence is going to be used against you and just need to be able to object to it.

I think you are better prepared on this case. I thought you were better prepared then you may have been on the last one.

I think we are paying closer attention on this one and we can go over any concerns etc you have right up until trial.

The bad date on supbeona was on the other case , not this one. I have not served anyone here in this case because I objected to the CCP 98 and prior they dropped the CCP 98 and came up with 3  more out ot state witnessed in their response to my CCP 96

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The bad date on supbeona was on the other case , not this one. I have not served anyone here in this case because I objected to the CCP 98 and prior they dropped the CCP 98 and came up with 3  more out ot state witnessed in their response to my CCP 96

 

Correct, I was actually thinking of the last case (because your post began with "last year") so it had me thinking of last case instead. Either way, the answer is the same. It doesn't matter if they denied your MTC BOP because you have the evidence now and you have your objections ready (I assume).

 

We are on the same page (couldn't subpoena ccp 98 declarant because she wasn't at an address here, couldn't use notice to appear because it doesn't apply sent m&c letter, received ccp 96 with 3 witness and object to that because they don't intend to call all 3 (I think a m&c letter for that).

Trial in 3 days, make sure you know how to object to the evidence and witnesses.

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They have not filed a ccp98 with the court as far as I can see on there and I never got a conformed copy from them either- is that going to help me to make it easier re these other BS proposed witnesses. They may have some one there who they will try to claim to let in and all I can do is object by laying the foundation of or an unqualified witness  who cant authenticate the docs as well as stating I had no time to see who this witness is and prepare for due process.

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They have not filed a ccp98 with the court as far as I can see on there and I never got a conformed copy from them either- is that going to help me to make it easier re these other BS proposed witnesses. They may have some one there who they will try to claim to let in and all I can do is object by laying the foundation of or an unqualified witness  who cant authenticate the docs as well as stating I had no time to see who this witness is and prepare for due process.

I believe  you got the copy of the ccp 96 because you know what's on it (3 witnesses etc).  

 

Does your case # show no evidence at all being introduced by them and no mention of ccp 98 declaration?

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I believe  you got the copy of the ccp 96 because you know what's on it (3 witnesses etc).  

 

Does your case # show no evidence at all being introduced by them and no mention of ccp 98 declaration?

First I got the CCP 98 out of state declarant and also they tried to get me to serve a process server office near my area.

Then I objected with the M&C letter and then sent a CCP96 and then they sent their response to statement of witness and evidence.  They in response came back with a letter that they would drop the CCP98 declarant  and then  their response to my CCP98  request hat is where they list 3 people with the out of state address and any authorized agent for the law firm. ahead and filed an objection to the CCP98.

 

The evidence shown in this reply to my CCP96 are statements, affidavidt of sale of individual account, assignment and bill of sale (my name not on that one)

On the affidavit the date signed  by some VP is 2 years later when the affidavit was sold.

Please note that on the statements, not all of them a reference # is blacked out , so about 1/2 of them the reference number is blacked out.

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Way back when they responded to my Demand for Copy of Items of Account, they stated that I did not object to the amount due and the demand for copy of items is not appropriate on account stated. I was sues under,  Account Stated and Money Lent

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I believe  you got the copy of the ccp 96 because you know what's on it (3 witnesses etc).  

 

Does your case # show no evidence at all being introduced by them and no mention of ccp 98 declaration?

Case Summary does not show  if they filed anything at all with court I am not sure

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Victory!!! Case dismissed at court before trial. Owe it all to Anon Amos and Calawyer and all who helped me. It was clear cut. Mistakes are made on plaintiff's side and when you point them out hard and strong you prevail.

Anon Amos had always said to keep at it and destroy them down with all the court rules and cases that we have access to in our favor that prove evidence not allowed into trial and hearsay. It worked. This board is truly  blessing.Calawyer tidied up docs that were amazing. Time and effort spent here by these angels is amazing.

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Congratulations, you did a great job. You have an amazing trial brief that is going to be very helpful as well. They really tried to bend the rules on you every step of the way, but you still beat them. 

 

Don't forget to post in the winners thread (it seems most of the victories aren't making it in there).

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I am very proud of you. It would have been so easy to give up. But you never did. You never "lost heart". Just kept fighting back at every turn. And this was the big one!

Nice job. Hope to celebrate this weekend. You deserve it!

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I am very proud of you. It would have been so easy to give up. But you never did. You never "lost heart". Just kept fighting back at every turn. And this was the big one!

Nice job. Hope to celebrate this weekend. You deserve it!

Thanks without your help it would not of happened. I figure if you never try the answer is always no- and that goes for everything in life. Hopefully we get three more wins for others next week.

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Thanks without your help it would not of happened. I figure if you never try the answer is always no- and that goes for everything in life. Hopefully we get three more wins for others next week.

@credit2011

 

Congratulations!! You worked so hard and never gave up or in! (Just like Joan Holloway Harris) And...

 

:cheerleader: Amazing Team California wins--again!!!  :cheerleader:

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@credit2011

 

Congratulations!! You worked so hard and never gave up or in! (Just like Joan Holloway Harris) And...

 

:cheerleader: Amazing Team California wins--again!!!  :cheerleader:

 

 

Congrats on a stunning win!

 

Is that the same California as in...................."Hotel California"

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