Jump to content

Civil Trial Assignment - Short Cause MIDLAND


Recommended Posts

This all started in Sep 2011, when my husband was served. We filed a denial, and then didn't hear anything for 2 years! We filed our discovery responses in Oct. of last year.

Then in May 2014 we receive a case memorandum for a short cause trial. We then received a Civil Trial Assignment - Short Cause for Aug 8th (next week). and a couple weeks ago we received

a stack of affidavits from Midland of CitiBank personnel and some billing statements. 

 

I really have no idea  what to expect at the trial assignment. Are we suppose to say stuff or just show up? I am aware from what I read on here that their affidavits are hearsay?

 

I am a stay at home mom of 3 boys, 2 of which are special needs, so I cannot work. We live on 1 income and cannot afford a garnished wage as we are already living paycheck 

to paycheck.

 

This debt originated in 2008 and we are in Sacramento, CA. I have read a lot on here and feel very overwhelmed, and still very confused. Any help would be appreciated. 

 

Thank you,

 

Lindsey

Link to comment
Share on other sites

I’m sorry, I really don’t know anything about CA law.

I know it’s really hard with special needs children to have

time to figure this stuff out.

 

Try to contact someone from NCLC for help.


 

Read this.

Rule 3.735. Management of short cause cases.

 

If you need someone to look things up for you PM me and I’ll

try to find things for you.

It sounds like your entire trial is next week and you need to have

everything prepared.

 

Hopefully someone with more knowledge here will help you.

 

I’m sorry I couldn’t be more help.

Good luck, Lindsey.

Link to comment
Share on other sites

Lindsey,

 

Make a copy of the Citi Bank Affidavit and any Bill of Sale document then black out all the personal information your name, any account numbers and the like.  Then post a copy so we can see if the affidavit meets the California Civil Code of Procedure (CCP 2015.5).  Sometimes these out of state affidavits are not in compliance with the code. 

 

You are on a really short timeline so a good number of other procedures that we would have you do won't work, but there are still a few.

 

We need to know about the affidavit first.

Link to comment
Share on other sites

Affidavits are inadmissible at trial (unless you do not object). Elkins v. Superior Court

 

Hearsay is inadmissible at trial unless a  hearsay objection is not made. California Evidence code 1200  Laccabre V. Wise,  Pajaro Valley Water Management V. McGrath,  Reifler V. Superior Court.

 

You will need to know how to object to evidence, and also check and make sure you did not receive a CCP 98 declaration in lieu of live testimony in one of the affidavits you received. If you did you need to subpoena the declarant.  You probably can beat this if you really crack down and "cram for the test" now, but it's going to take some work.

 

Read String's and HomelessInCalifornia's threads.

  • Like 2
Link to comment
Share on other sites

  • 7 months later...

Hi Lyoness, I know this is a bit old now but I had almost the same exact situation as you. Sued in 2011, filed a response and request for discovery and then never heard anything more on it. I should've followed up and filed for a dismissal but I didn't...and now I'm set for a trial in May. I moved and didn't update my address with the courts so I never received my served papers. Only found out because I happened to at least check the Sac Court website.

 

How did yours turn out? Any tips? Anything would be appreciated as I am feeling overwhelmed again by all this...ugh. My alleged debt was from 2008 as well...isn't this WELL beyond the SOL for california wriiten??

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.