vondutch0481

i need some legal advice, being sued by CACHE

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Also, as posted by Calwayer in post #125, in addition to the Subpoena, you should also send a Notice to Appear at Trial.

 

 

"The process server can leave the notice with the law firm on the first attempt. But the process server should make a few other attempts to serve the subpoena on the witness personally at the law firm even though we know that the witness will not be there."

 

 

Does anyone have a sample letter Notice to appear at trial ? Should it be on pleaded paper?

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Did you serve the subpoena?  If so, and if you have the proof of non-service (or whatever your process server called it), you should do an objection.  There are exemplars on the site.  Can't look right now but try h8spleadingpaper.

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My court date was actually today . The Civil Bureau who was intended to serve my Subpoena stated they didnt have enough time to serve my papers since it was a sheriff that i wrote a check for . I was so upset. Any way i did not win my Case .BOOOO , I did state the following to the JUDGE .

 

I stated that the Affidavants are not admissable in CA trial Evidence code 1200 Case cite ( Elkins Vs Superior Court ) .

 

HE STATED THAT IT IS ADMISSABLE ...AND THAT HE DOESNT HAVE TIME TO LOOK AT THE CASE I CITED.

 

He kept saying since their is no witness here that you called to testify if this document is true .Then i have a choice to believe you do owe or not owe the debt. 

 

The lawyer was quiet the whole time so i couldnt state anything against him .it was basically me and the judge talking back and forth.

 

The judge stated " well since their is proof in the Affidavant that CACH LLC owes the debt then it must be true unless otherwise you have evidence that it is not true.

 

I stated their is no complete bill of sale for each time it is sold since it was HSBC the original CREDITOR then it was TO CAPITAL one. and there is no affidavant to the 1st orignal creditor. THE judge stated WHY DOES IT HAVE TO BE INCLUDED SINCE THE LAST ORIGNAL DEBTOR WAS CAPITAL ONE. 

 

I stated the Authenticity of the Affidavant . but the judge stated you have no witness to question here .

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oh one more thing i mentioned to the judge i sent a CCP 96 to the law firm and he didnt bother to acknowldege the fact that they never responded to my CCP96 i guess it doesnt matter right ? i mean he didnt seem like it did matter in this case.

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Any way i did not win my Case .BOOOO

 

 

I'm so sorry to hear that.  There is so much to learn before going to trial.  Hopefully someone on this website can give you some advice on what to do next.  Maybe you can appeal.  If there is a specific language that you speak and English is not your primary language, you may be able to get an interpreter. Or, if you are like me and need a little more hand-holding than the average person, maybe you can pm some of the people in this thread for help if they grant your appeal. Best Wishes.

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if I didn know any better, I would think that you were facing the judge in Orange county.

same scenario. judge makes the case for the plaintiff.

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Sorry to hear it. If you aren't going to appeal, then you can always try to negotiate a better deal. I don't usually like the idea of settling with a bottom feeder unless you are in the situation you are in, and unless you plan to appeal. If not then you can make them an offer, especially if you can muster it in one lump sum.

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