Butterfly Bloom

Sued by Portfolio Recovery. Need to appear in Court in a week. Dealing w/Declaration of Plaintiff

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You need to get that subpoena served.  I would hire a process server and have them attempt asap (11/4 and 11/5?).  Then prepare a written objection and either file/serve 11/5, or bring to court 11/6 and file/serve when you arrive.

 

Look at examples of other Objections or MILs on the board.

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@string since he mentions the declarant can be served at the address, and per a previous post he believes that address is the business address for a process server. Would you recommend to use that same server business since they would know for a fact that the declarant cannot be serve there, and no more than one attempt would be required?

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@string since he mentions the declarant can be served at the address, and per a previous post he believes that address is the business address for a process server. Would you recommend to use that same server business since they would know for a fact that the declarant cannot be serve there, and no more than one attempt would be required?

 

Personally, I'd definitely be using a different process server just b/c that server has been hired by JDB.  (Whose side will they be on?)  But I suppose the main thing is to just get it done, so whatever it takes ....

 

And I would try to get 2 attempts in, but if it's only one, so be it.

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Personally, I'd definitely be using a different process server just b/c that server has been hired by JDB.  (Whose side will they be on?)  But I suppose the main thing is to just get it done, so whatever it takes ....

 

 

 

I didn't think of that.

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You should do a written objection to the CCP 98 declaration.  Even if you can't get a process server at this late date to attempt to serve a subpoena, the CCP 98 declaration is objectionable if the only California address given is 300 miles from the Court.  Target Bank v. Rocha explains why CCP 98 contains that provision.  You should read that case.  Here it is:  http://caselaw.findlaw.com/ca-superior-court/1632471.html

 

The  "Affidavit of Sale " from the Collections Operation Representative at GE Bank is also inadmissible at trial.  Declarations cannot be used at trial unless they comply with CCP 98 or another specific statute.  Your case for that proposition is Elkins v. Superior Court.  Here is a link to that case:  http://caselaw.findlaw.com/ca-supreme-court/1299459.html

 

That means that the GE Bank employee would have to give you an address where he or she could be served with a trial subpoena.  I bet my bottom dollar that the employee did not do so.

 

Good luck.

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CRC 3.1700

 

MC-010

 

3.1700

(1)1pixel.gifTrial costs

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

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I love these kinds of posts.
Butterfly Bloom: "I moved the football all the way to the one yardline, but they have some really big guys on goalline D what do I do?"
Coach Calawyer: "I want you to fake right then run left."
Announcer: "There going right but, NO their running left and TOUCHDOWN. Now they give opposing coach the finger on the way to the locker room."

Great game.
 

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Guys, I would like to let you all know that my case was dismissed!!!!

Thanks to ALL OF YOU!  :yahoo:

 

 

Excellent!  You demonstrated that you knew the law.  Sometimes that is all it takes.

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