ccp98 violated, now the plaintiff is sending in live witness

[Last one]

Thanks to all who post here, you have got me this far by reading this for months now.

 

I am now stuck, don't know what to do now.

 

H&H has sued me for Portfolio Recovery 2013 for $3500.00. I have been to court three times  now. 

Judge trial was 10-10-14. Thanks to all here I knew what to do, by Objecting to the

"Declaration in lieu of live testimony" not within 150 miles of court. The judge left court room

then came back in and said: I was correct with the ccp98, it was not serviceable. So

the Plaintiff withdrew the ccp98. Asked for a continuance to now produce a live witness. The

judge granted the Plaintiff's request (I should have objected, I did not).

Today (10-15-14)I received from Plaintiff "Notice of withdrawal of Plaintiff's ccp98

Declaration of Plaintiff in lieu of personal testimony at trial". They state: Plaintiff now intends

to proceed at trial with live witness testimony".

I am stuck on what to do now. What can I now Object to or should I just be getting ready

to ask witness questions. You guys are good please help. Next court date is 11-15-2014.

 

[RyanEX]

Don't feel stuck. They haven't gained an edge on you, they have simply stalled for more time to attempt to settle with you. Stick to your guns. Worst case scenario: I assume you were always prepared to cross-examine a live witness in case they actually did show up at trial > you need to keep preparing to do so.

 

Did you serve them a CCP 96 request leading up to the first trial? If yes, what did you get in the response?

[Last one]

Thank you for responding!

 

NO I am not prepared to question a witness? Do not know what or how to do this?

 

I did not send a ccp96 at all. It was to late by the time I read about the ccp96 on here.

 

What made me sooo mad after the Judge trial, is the Judge gave them a second chance for a do over.

The fact is they  lied on the ccp98 and thought I would not question or know anything about the rule of ccp98.

Thanks to reading on here, you guys taught me this rule of the ccp98. Other wise I would not have known and

they would have won a judgment at last trial.

 

What should I do now? Should I still fight the ccp98 violation? I don't know , need some of your good advice.

They have statements showing charges and payments made (no signature), they have Bill of sale (my name nor account

number is shown), they have a Affidavit of Sale (notorized). On all these documents they don't even show a full 

account number. They show the last four digits of a number. It all looks like a bunch of Hearysay. They are suing

for an Account Stated, not for a contract. I am so lost.

 

I saw a lawyer Friday, consultation. She told me nothing I did not know or I should say I knew more than her

from reading here. That was a waste of money to see her.

 

I told the Judge I am on Social Security Disability and this is my only income. She said to Plaintiff "what is the point"

he said , well they can still get a judgment, what then he did not know.

 

I hope you guy's can give me help, I would so hate to see them win. Hunt & Henriques is brutal, they just keep

going on and on. How can we stop them?

 

Thanks (sorry I was going on and on)

[Last one]

They have also stated they Do Not have any Contract, but I don't think it matters if

they are suing me as "Account Stated"?

[browniebrownie141]

1. can you share with us, which State are you in? So that different people familar with different State/ location of court can jump in to help you.

 

2. HomesLess's thread has a list of quesionaires for cross examination I believe, print it out, prepare it , practise it. & yr discovery questions, you may once again to ask their witness again.

[Last one]

Thank You browniebrownie141 and to all of you offering help!

State is California, San Bernardino.

I have NOT sent them anything, discovery, ccp96, nothing. Did not know in time or did

not know how to do it in any form, sorry to say. I missed a lot of things I could have done.

But what is it I can do NOW? I don't have a day when my mind is worried about this.

Everyone, please give your thoughts, advise. You guy's have given me a lot of knowledge already

to get this far.

[Last one]

I am feeling I have lost when next trial date is here. 

 

Is it OK for them to just have a do over and bring in another witness?

 

Should I send NOW a ccp96 so I know who and what they are going to bring at trail (11-14-14)??

Do they need to let me know or do I need to request, And do I have time to do something?? 

 

I looked for questions for cross examination, but have not found any yet on here? 

 

You have given a lot of help to others on here....I am hoping for some more advise.

[TomnTex]

Some where on this forum is a list of questions to ask a live witness. I don't recall the poster. Might have been coltfan1975. You will have to search for it.

[BV80]

@

 

After you informed them that your only income is social security, did they ever send a letter claiming that they could still take part of that income?

[Last one]

BV80 thanks,

NO, they sent nothing

[calawyer]

Post number 291 in this thread:  http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/page-15#entry1251848

 

Ask if you have any questions.

[Last one]

calawyer, thank you! I have the question now.

Plaintiff at trial withdrew the ccp98 Declaration as I objected to it because of

witness out of state and not serviceable. Judge agreed.

Plaintiff now intends to proceed at trial with live witness testimony. I am guessing

it's another witness. I am also guessing they will bring documents that are attached

to the ccp98 declaration?? I don't know?? Whom ever is going to be a witness I don't know?

Would these questions still apply to a witness that is not on the ccp98??

I think I should know who they are bringing in as a witness and what documents they

now intend to use. Would you also agree?? How would I go about getting this information

from them now? Would I be blinded if I don't know?

I'm so confused!!

[TomnTex]

Thanks for finding that list calawyer, I knew it was here somewhere. It needs to be made a sticky. While I think of it, if you have not already seen this thread, this lady needs your advice too. http://www.creditinfocenter.com/community/topic/324823-bank-accounts-levied-dry-by-hunt-henriques/ Thanks again, your a God send to us.

[calawyer]

calawyer, thank you! I have the question now.

Plaintiff at trial withdrew the ccp98 Declaration as I objected to it because of

witness out of state and not serviceable. Judge agreed.

Plaintiff now intends to proceed at trial with live witness testimony. I am guessing

it's another witness. I am also guessing they will bring documents that are attached

to the ccp98 declaration?? I don't know?? Whom ever is going to be a witness I don't know?

Would these questions still apply to a witness that is not on the ccp98??

I think I should know who they are bringing in as a witness and what documents they

now intend to use. Would you also agree?? How would I go about getting this information

from them now? Would I be blinded if I don't know?

I'm so confused!!

 

 

If they bring someone other than the CCP 98 witness, I would pitch a fit.  "Your honor, Mr. ___  (the CCP 98 witness) promised, under penalty of perjury, that he would be available for service of process.  I tried to serve him and he was not at the address provided in the declaration.  You bent over backwards and gave plaintiff the opportunity to bring Mr. ___ to trial.  Now they bring someone else.  I want to impeach Mr. ____ with the Declaration he filed in this case. 

 

This  is now the second time it has flaunted the rules.  The Court should dismiss plaintiff's case.

 

If the Court doesn't want to dismiss, ask that the witness who filed the declaration be ordered to attend.

 

If the COurt won't do that, I would still show the declaration to the witness who attends.  Ask if he knows Mr. ___.   Ask if Mr. ___ was in California at that address 20 days before trial.  Ask all of the questions about the computer system, etc.  It will have the exact same effect.

[Seadragon]

Thank you for responding!

 

NO I am not prepared to question a witness? Do not know what or how to do this?

 

I did not send a ccp96 at all. It was to late by the time I read about the ccp96 on here.

 

What made me sooo mad after the Judge trial, is the Judge gave them a second chance for a do over.

The fact is they  lied on the ccp98 and thought I would not question or know anything about the rule of ccp98.

Thanks to reading on here, you guys taught me this rule of the ccp98. Other wise I would not have known and

they would have won a judgment at last trial.

 

What should I do now? Should I still fight the ccp98 violation? I don't know , need some of your good advice.

They have statements showing charges and payments made (no signature), they have Bill of sale (my name nor account

number is shown), they have a Affidavit of Sale (notorized). On all these documents they don't even show a full 

account number. They show the last four digits of a number. It all looks like a bunch of Hearysay. They are suing

for an Account Stated, not for a contract. I am so lost.

 

I saw a lawyer Friday, consultation. She told me nothing I did not know or I should say I knew more than her

from reading here. That was a waste of money to see her.

 

I told the Judge I am on Social Security Disability and this is my only income. She said to Plaintiff "what is the point"

he said , well they can still get a judgment, what then he did not know.

 

I hope you guy's can give me help, I would so hate to see them win. Hunt & Henriques is brutal, they just keep

going on and on. How can we stop them?

 

Thanks (sorry I was going on and on)

You need to prepare for questioning a live witness, This is a point we are currently focusing our attention on. Did they notify you the name of the witness? also you need to treat the witness as if they were a child lying to you about where the money from the purse went. Your questions will make a hallway to the lack of knowledge chair.

 

So you have to fully understand what you are trying to do to make the witnesses testimony. The key is show that  just because they can read a computer screen doesn't mean they have foundational knowledge.

 

The witness is going to be a new hire so pound on that.

[Last one]

THANK YOU! Sounds good.

The Plaintiff's attorney H&H sent me "NOTICE OF WITHDRAWAL OF PLAINTIFFS CCP98 DECLARATION

OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL"

They state in body of notice "Plaintiff now intends to proceed at trial with live

witness testimony. There fore, plaintiff hereby withdraws the ccp98 Declaration in Lieu

of Personal Testimony at trial filed on August 5, 2014"

OK, so what are they thinking they are going to do now. I can't object to the ccp98 anymore?

Do you agree??

Thanks so much

[Last one]

Seadragon thank you!

No they have not as of this date advised me of the witness they now intend

to use as witness?

Is there something I should send to H&H attorney or are they suppose to let me know????

I am so stressed, I think my hair is falling out!!!!!!!!!!!!

Thank you

[Seadragon]

make sure that their ccp 96 doesn't list any witnesses other than the affiant of the ccp98. And pretty sure they are going to call you as a witness, admitting to receiving any of the documents listed equals lose. "I haven't seen this outside of discovery in this case", "I don't recall that.", and "No" all good answers in a pinch.

 

and object if they call you but don't bring the witness.

 

Read Homeless in California's thread for trial strategy and remember you have a legal army here. Put your fear away and churn it into power for court.

 

The real question to ask is what would Bugs Bunny do? Or the Road Runner?

[Dotheyeverstop?]

Hang in there!   I am a couple weeks behind you in the process, and I was tearing my hair out and losing sleep as well.   I used this site to write my papers and am feeling much much better!   Also I  read CACH v. Rodgers and this ...."Although Appellant‟s testimony lacked candor, was 

contentious, and was disbelieved by the trial court, it did not constitute grounds for a civil 

judgment to be entered for the cause of action stated in the complaint. "  made me smile.  

Basically the court says that if they don't prove their case, they are done    Stick to your guns, they can't prove their case and I doubt their new witness is from the OC.

[calawyer]

make sure that their ccp 96 doesn't list any witnesses other than the affiant of the ccp98. And pretty sure they are going to call you as a witness, admitting to receiving any of the documents listed equals lose. "I haven't seen this outside of discovery in this case", "I don't recall that.", and "No" all good answers in a pinch.

 

and object if they call you but don't bring the witness.

 

Read Homeless in California's thread for trial strategy and remember you have a legal army here. Put your fear away and churn it into power for court.

 

The real question to ask is what would Bugs Bunny do? Or the Road Runner?

 

 

There was no CCP 96.

[browniebrownie141]

If they bring someone other than the CCP 98 witness, I would pitch a fit.  "Your honor, Mr. ___  (the CCP 98 witness) promised, under penalty of perjury, that he would be available for service of process.  I tried to serve him and he was not at the address provided in the declaration.  You bent over backwards and gave plaintiff the opportunity to bring Mr. ___ to trial.  Now they bring someone else.  I want to impeach Mr. ____ with the Declaration he filed in this case. 

 

This  is now the second time it has flaunted the rules.  The Court should dismiss plaintiff's case.

 

If the Court doesn't want to dismiss, ask that the witness who filed the declaration be ordered to attend.

 

If the COurt won't do that, I would still show the declaration to the witness who attends.  Ask if he knows Mr. ___.   Ask if Mr. ___ was in California at that address 20 days before trial.  Ask all of the questions about the computer system, etc.  It will have the exact same effect.

 

Thank You Calawyer: I will copy/ paste that for my trial date--coming up.in mid November..!!

 

As always, Million thanks

[Anon Amos]

THANK YOU! Sounds good.

The Plaintiff's attorney H&H sent me "NOTICE OF WITHDRAWAL OF PLAINTIFFS CCP98 DECLARATION

OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL"

They state in body of notice "Plaintiff now intends to proceed at trial with live

witness testimony. There fore, plaintiff hereby withdraws the ccp98 Declaration in Lieu

of Personal Testimony at trial filed on August 5, 2014"

OK, so what are they thinking they are going to do now. I can't object to the ccp98 anymore?

Do you agree??

Thanks so much

You can't object to this ccp 98 declaration as it is now off the table, but you can anticipate that any evidence they attached to it will re surface and they will try to introduce it as evidence at the trial. You need to know how to object to it.

 

You are a little late to send them the CCP 96 request, but I would overnight it to them anyway and see if they object. You may get the witness list and evidence prior to trial if you do. If they don't answer and tell you the witness (or send you the list on their own) I would object to any witness being called at trial for "due process".  Failure to disclose witness deprives you of due process to investigate them and help you prepare your line of questioning for the witness.

[Last one]

Thanks you! This is what I was thinking. I should know who they are bringing in by law.

I don't know how to do/fill out a ccp96? I will research more on this.

Here is the courts record at the last Judge Trial stating:

- The court is in receipt of Plaintiffs Declaration Pursuant to ccp98.

- Plaintiff makes an Oral motion to move into evidence the Declaration ccp98

and attached documents.

- Defendant Object to the oral motion.

- Court takes a brief recess to research in chambers.

- Back on the record, court reconvenes with Plaintiffs counsel and Defendant present.

- Upon review of case Target v. Rocha and ccp98. The Court finds the Declarant of

the ccp98 must have an address within 150 miles of the court for service.

- The Court further finds that the Defendants Objection is well founded.

- Plaintiffs counsel request a continuance to produces witness and further

possible briefing.

- The court grants Plaintiffs counsels request over the objections of the Defendant.

- Plaintiffs counsel will bring a live witness instead of using the Declaration ccp98.

- Current hearing continued to 11-14-14

- Counsel for Plaintiff to give Notice. (WHAT DOES THIS MEAN??)

- Action complete

After you have read this....is my only option still to send (overnight) a ccp96???

Or what is the meaning of "Counsel for Plaintiff to give Notice"????

THANKS TO ALL

(They have sued me again H&H for 1300.00. I will have better knowledge to handle this one)

[Last one]

Plaintiff handed me the Plaintiff's Brief on day of trial. Is the Brief allowed to be

handed to me at day of trial??? Should this Brief have been filed and sent to me

way before trial??? How much weight does this Brief have on this case?????

(I don't have a Brief, just would not know how to write one.

If I could hire one of you to finish this trial for me I sure would, if you were close by.)

More advise, I would so be thankfull

[Anon Amos]

- Current hearing continued to 11-14-14

- Counsel for Plaintiff to give Notice. (WHAT DOES THIS MEAN??)

- Action complete

 

 

*******That means that the trial is continued to 11-14-14 and that the plaintiff's lawyer is supposed to send you something in the mail notifying you of the date.*************

 

 

After you have read this....is my only option still to send (overnight) a ccp96???

 

**************You don't HAVE to send it at all, and technically you are already late, so they could object.**************

 

 

Or what is the meaning of "Counsel for Plaintiff to give Notice"????

 

************The plaintiff's lawyer is supposed to send you a notice of the trial date************

THANKS TO ALL

(They have sued me again H&H for 1300.00. I will have better knowledge to handle this one)