J59

Being Sued by Hunt & Henriques Help!!!

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I'm being sued by Hunt & Henriques in the the amount of $3,000 for credit card debt. 

 

The account was originally with HSBC bank. They supposedly were acquired by Capital One. Capital One then sent this off to Portfolio Recovery Services. PRS then turned this over to H&H. 

 

I originally asked them to prove the debt before the lawsuit was filed. They didn't. When they filed their lawsuit, I responded in a timely manner. A pre-trial conference was set and I attended and they did not send any representative. Judge which is this week.

 

I have had a bit of a run of bad luck since the pre-trial conference. Lost job and wife and I separated. Dealing with a bit of a depression and spending time looking for a new job took away from my preparation for this trial. In addition, I've moved out of my house and didn't find out until this last week that H&H had sent a request for admissions and demand for production of documents and interrogatories, then sent another one in response to the fact that I didn't answer the first one. Finally, they sent a declaration of plaintiff in lieu of personal testimony at trial CP 98. Witness location is for an address in Virginia and I'm in California. 

 

Wife finally gave me all this information and am just looking at it now. I haven't filed anything and the trial is this week.

 

Just looking for any advice on what I can do. Ask for a continuance? Call H&H try to settle? Or what options I might have going into court since I didn't file anything a head of time and there is no time for me to file anything. 

 

Any input would be much appreciated.

 

 

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When is your trial? Ok they sent you a ccp 97. Did they send you an address where that witness can be served? You have no time but since trial is this week, you can still go on Monday and serve a subpoena to that witness. If they don't show you object, and it should not be admitted to authinticate records. Go read astmedic's thread for a crash course, and object to everything they try to admit in court. Read up this weekend on your objections, bill of sale, statements, chain of sale, you can beat this!

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All things considered, you're pretty lucky.

 

I would: vehemently object to the ccp 98 declaration; the witness address is not within 150 miles of court, and not within CA.  Therefore, you were unable to effectively subpoena the witness (CA court doesn't have jurisdiction over a non-resident), and would be deprived of your rights under the code if the declaration is admitted.  File a written objection asap and/or be prepared to make the argument in court.  Without admission of the ccp98 declaration, they probably will not be able to prove standing.

 

If they served unanswered requests for admissions, and didn't file for them to be deemed admitted, you dodged a major one.

 

Good luck!!!

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...Finally, they sent a declaration of plaintiff in lieu of personal testimony at trial CP 98. Witness location is for an address in Virginia and I'm in California...

 

Just to be clear: witness is in Virgina - and they did not give an address within 150 miles of the court at which they could be served in the 20 days prior to trial?

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When is your trial? Ok they sent you a ccp 97. Did they send you an address where that witness can be served? You have no time but since trial is this week, you can still go on Monday and serve a subpoena to that witness. If they don't show you object, and it should not be admitted to authinticate records. Go read astmedic's thread for a crash course, and object to everything they try to admit in court. Read up this weekend on your objections, bill of sale, statements, chain of sale, you can beat this!

 

Shellieh98,

 

Trial is tomorrow afternoon. Address for the Portfolio Recovery associates rep is in Virginia. It states the following: "Pursuant to CCP 98 this affiant is available for service of process: c/o Hunt & Henriques, 151 Bernal Road, Suite 8, San Jose, CA 95119, for a reasonable period of time, during the twenty days immediately prior to trial." This address is within 150 miles of the court. So, I could go tomorrow morning serve a subpoena? 

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Just to be clear: witness is in Virgina - and they did not give an address within 150 miles of the court at which they could be served in the 20 days prior to trial?

 

Ryan, please see my response to Shellieh98.

 

All things considered, you're pretty lucky.

 

I would: vehemently object to the ccp 98 declaration; the witness address is not within 150 miles of court, and not within CA.  Therefore, you were unable to effectively subpoena the witness (CA court doesn't have jurisdiction over a non-resident), and would be deprived of your rights under the code if the declaration is admitted.  File a written objection asap and/or be prepared to make the argument in court.  Without admission of the ccp98 declaration, they probably will not be able to prove standing.

 

If they served unanswered requests for admissions, and didn't file for them to be deemed admitted, you dodged a major one.

 

Good luck!!!

 

String, they did file for them to be deemed admitted. Only thing is they just sent them in the mail. No certificated mail, no verification that I received them, which I didn't. Nothing. 

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