EdV1

CACH Deposition *UPDATE* Case Dismissed

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Hi Everyone.  


 


I'm in CA.  I've gone to hearing against CACH once before nearly 2 years ago when they claimed they never received any of my responses.  I sent them interrogatories about the Affidavit of Sale and the signer; whom I found - a bank teller at a BofA branch in NC. A week later I received their notice to change attorney and nothing for about 19 months.  


 


Last week their new attorney sent a Notice of Taking the Written Deposition of Plaintiff's Custodian of Records.  In it is the same Affidavit of Sale and 1 cc statement I challenged them on with their previous attorney and some soft ball questions.  I have a little over a week to response with any question I may have, but the name of the person to be depose is not given.  


 


Should I response with some questions or wait and see who they deposed as custodian or knowledgeable of records?


 


Thank you.


 


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I would read the rules for depositions and see exactly everything they must disclose to you in their notification of the deposition, including the name of the deposed and your right to appear as well. Then send them a meet and confer letter (CMRRR) advising them they are supposed to give you this information and that you are requiring them to follow the code.

I would also want a copy of the deposition transcript, and ask that you be provided with it, as well as being informed of how the depo will be recorded.

 

Look up the Civil code of procedures for depositions (somewhere around ccp 2000)

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According to CCP 98 a party can offer prepared testimony of a relevant witness, instead of direct testimony, if:

 

1) that witness is available for subpoena so that you can question them in court

 

OR

 

2) "The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition."

 

Sounds like they are preparing to get their CCP 98 & attached evidence admitted via option #2. I haven't seen this before, but that's what I think. I also think it's safe to assume that whatever they do, they are trying to screw you over.

 

If you choose not to participate in the deposition, they may argue that you can't object to the eventual CCP 98 declaration. I don't know what the code says about depositions, but I'm not sure if what they are doing (giving you a week or so to send them written questions - not giving you the name of the person - not giving you the opportunity to face the witness) falls under the definition of "(giving you) an opportunity to participate in the deposition."

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I thinks they are trying to get around the ccp98 issue also. Since the deposition is in Denver, I wonder if you would be able to object since you would not be able to be present for it. Or if you could appear to the deposition via tells phone. At any rate, they should give you their name.

If by chance they were allowed to do this without you Bering able to cross examine, they may have a hard time getting that depo admited, they might be doing it to scare you into paying. If it comes to that remember, they have to swear under state of cali oath, colorado doesn't have that rule, they might let that slip.

In the mil, or objection to their evidence you will be writing, you cN add the depo to the last. Start searching out case law now.

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I would read the rules for depositions and see exactly everything they must disclose to you in their notification of the deposition, including the name of the deposed and your right to appear as well. Then send them a meet and confer letter (CMRRR) advising them they are supposed to give you this information and that you are requiring them to follow the code.

I would also want a copy of the deposition transcript, and ask that you be provided with it, as well as being informed of how the depo will be recorded.

 

Look up the Civil code of procedures for depositions (somewhere around ccp 2000)

^^^ This is what I would do. If you wait for the ccp98 you won't have a witness to subpoena because they will have already taken his testimony at the deposition. It will be the transcript of the deposition that they will be admitting under ccp98.

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I too would make sure notice requirements are complied with. The requirements for written depo are pretty much the same as for oral (except they have to give you info about the depo officer and don't have to specify where and when the depo will take place).

 

Also, you have 30 days to submit cross questions (I'd be working on those now, if I were you).

 

Sounds like this is your case, right here.  Good luck.

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First off I would like to thank calawyer, SeaDragon, shellieh98, Anon Amos, BV80, RyanEX, doublethefun9941, String, and many others who's names were on older topics not found.

 

I did not reply to CACH regarding the deposition.  I never received the deposition transcripts.  

 

I went through all the documents and found letter by CACH's attorney stating they had given me all documentations they had, which did not include the Bill of Sale and Assignment of Loans and its attachment as evidence to the deposition, so I typed up Motion in Limine to exclude the Bill of Sale.  I also typed up another Discovery for Loan Sale Agreement mentioned in the Bill of Sale.

 

The court date was today.  I was as prepared as I could have been.  I had arguments against their cause of actions.  Their cited case laws required evidence they did not given to me in my RPD.  I felt confident with my list of weapons I have to face them in court.

 

As I was waiting for the judge to arrive, a lawyer who was in court called my name and asked to see me.  He said my case was being dismissed. I can stay and wait for the judge to rule if I wanted to.  I did, just to see it through.

 

It seems like they were waiting to see if I would show, and quickly settled if I did.

 

What I have to say is the advice I received here were very good.  Answer everything they sent you, and deny everything.  If they bombard you with burden of proof, bombard them with Production of Document; original agreement, signed vouchers, any document with your signature on it, any document to do you and your case.  Read their Cause of Actions and see if they have evidence they need to support case laws they cited.  Keep everything.  AND SHOW UP to court.

 

A win is a win, regardless of how ugly or uneventful.  

 

Thank you again.

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I am very proud of you.  When this all started, I bet you could not have imagined obtaining this result.  You beat a lawyer.  Who specializes in debt collection.  With your left hand tied behind your back.  Blindfolded.

 

And now, you can get your fees back from them.  A complete and total loss for the plaintiff.

 

Congrats.

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