cbincali

Custodian of records successfully served/Portfolio Recovery Now what??

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It could be that they have absolutely no intention of going to trial and are just grasping at straws hoping you won't know how to respond.

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A lot of times they have nothing, but they want to come across as though they do. Just like when you show up in court, they will have a large file folder of blank paper with a few on you on top to make look like they have the goods on you when they call you out into the hall or adjoining room to try and settle with you. Tell them NO THANKS!  Also, try and go to a few court secessions to see what it's like and learn.

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It could be that they have absolutely no intention of going to trial and are just grasping at straws hoping you won't know how to respond.

Do you know what the timeline is on an oppostion to a summary judgement. I was served today?

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They want the person that made an affidavidt stating your account is true and correct (ccp98) to be admitted without objection, so they are trying to sneak it in. Read your court rules.... Usually you have 5 to 20 days depending on court rules to oppose it.

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They want the person that made an affidavidt stating your account is true and correct (ccp98) to be admitted without objection, so they are trying to sneak it in. Read your court rules.... Usually you have 5 to 20 days depending on court rules to oppose it.

So essentially this is their attempt to get around the subpeona?

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Received a SUMMARY JUDGEMENT  today 2/14/15 via Fed EX from PRA. Court date is March 6, 2015. I was in the midst of working on my objection. What the heck? Now I have to switch gears and figure out what to do about this??????

Is the court date you mentioned  the date of the MSJ hearing? Did they attach evidence / exhibits in support of the MSJ?

 

They are supposed to notify you of the MSJ hearing 75 days before the hearing + 5 days If they mailed you the notice and it is to be supported by affidavit, declaration or evidence etc.

 

Then, you have until no less than 14 (court) days before the MSJ hearing to file your objection to it.

The statutes for MSJ are CCP 437 - 438 (and see your local rules).

 

I would still file your ccp 98 objection as well. You never know what they are trying to do. They may not even know exactly what they are going to do, or they may soon realize what they were planning won't work and they change directions, etc. etc. You just attack everything they throw at you. 

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we are going to need to know a lot more to get you through this.

 

What evidence have they produced? Did you send a ccp 96 request and/ or did they respond with a witness and evidence list under ccp 96?

Was there any discovery, and what does the MSJ say and consist of?

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we are going to need to know a lot more to get you through this.

 

What evidence have they produced? Did you send a ccp 96 request and/ or did they respond with a witness and evidence list under ccp 96?

Was there any discovery, and what does the MSJ say and consist of?

Typing up Word  then I will cut and paste. Thanks guys

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Question- When they get a summary judgement and you appeal- does this keep it off the credit report for a while until you go through the appeals process? Do they assign another judge? Can you ever ask in the middle of a case that the judge recuse himself from the case because he allowed evidence in ( the affidavidts, etc) that are not supposed to be? I guess that's a bit dramatic - but what happened above seems so unfair.

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You can read up here on requesting a substitute judge. I believe 170.6 is the one to look into.

https://www.cce-mcle.com/tests/ss6005b.htm

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=170-170.9

 

You'd want to bring up judicial substitution before an appeal. From reading other appeals cases (not California) they give a trial judge a lot of leeway and would notice if you didn't bring up an issue with the trial judge previously. The appeals court could send it back to the same judge if they didn't find any problems with his actions but you could request a substitute then also.

 

If the MSJ was already decided on have you looked into a motion to reconsider? I think it was already mentioned that you didn't get enough time.

"Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days beforethe time appointed for hearing."http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=437c-4388

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