mdh249

Hunt & Henriques debt Capital One

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Hi,

 

I'm new to the forum, but I've read a bunch of posts by helpme, ASTmedic, Seadragon, and others, and your information that you're putting up here is so helpful

 

Filed a timely answer in October, then nothing happened.

 

Didn't realize I needed a statement for the CMC, but we did attend.

 

We had a CMC on May 12th, and they set a trial date of June 18th.  That left little time, so I sent a discovery request (disc-015) Certified Mail Return Receipt Requested to Hunt & Henriques on May 15th.

 

If they wait until the last minute to answer, how will I have time to subpoena their affiant and file a motion in limine?

 

Also, do they have to file their ccp98 30 days before trial? 

 

thank you in advance for any help!

 

Best,

Michael

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The CCP 96 (disc -015) and the ccp 98 declaration in lieu of testimony are two separate things. When you put the disc 015 in the mail, they have to put their response to it in the mail within 25 days. Once you get the response you can file motions to strike whatever evidence they produce (you won't have much time).

 

You are suppose to get the CCP 98 declaration no later than 30 days before trial. You would file a motion to strike the ccp 98 declaration and you would subpoena the declarant at the address they provide. 

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Thanks!

 

So if I get a CCP 98 declaration 5 days before trial...I should file a motion to strike because it was supposed to be sent 30 days before trial?

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that seems odd, are you sure June 18th is your trial date not another Conference like mandatory settlement... plus read your Local court rules when they suppose to serve you with ccp 96 responses. and when exactly you have to file motion in limine with court. Call the court to confirm, the dates.

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They sent us a response to a Bill of Particulars request which was just a bunch of old credit card statements.

 

June 18th is the trial date for sure, and still no discovery or CCP 98 request.

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It's too late for any discovery, and they are now late for sending a CCP 98 declaration if they decide to do so. Cap 1 doesn't go to trial too often, and no discovery / declaration in lieu of testimony is a good sign. In my opinion.

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Amos Anon, you were right! They filed a motion to dismiss!

 

Have you ever heard of them doing that and filing another complaint?  Or is it typically the end in a small debt case like this? (around $1000)

 

Should I file something and ask the judge to dismiss with prejudice?

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The judge can't dismiss with prejudice at this point, only the plaintiff could do that. I wouldn't worry about it, and consider it a win.  They could always sell it to someone else or sue again, so it could come back , but I doubt it.

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