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Received CCP 96 from Credit Card Company's Attorney-help what next?


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Received a CCP 96 from credit card company's attorney. Not sure how to respond to their request as far as what documents, individuals, photographs I will offer at trial Please let me know what is best course of action.

 

Also, after I send the CCP 96 to them, what should I do next?

 

Many thanks!

 

 

 

 

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Welcome.  A bit more information about your case would help.

 

As far as the CCP 96 is concerned, if you do have any documents you wish to use or witnesses you intend to call, you should list them.

 

If not, you can either ignore the request or respond with one line:

 

Defendant does not presently intend to offer any documents or call any witnesses for purposes other than impeachment.

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@Doublella I see you have a couple of other threads relating to this case, you should keep it all in one so we know where your at.

I can't tell from your other threads everything that has happened, but it looks like you didn't do any discovery requests?

If not and you are nearing trial, I would study the thread pinned at the top by astmedic.

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  • 2 weeks later...

Thank you for replies.

 

I do not see the thread pinned at the top by astmedic. Please advise.

 

Also, here is reqponse for statement of witnesses and evidence:

 

Witnesses:

A) the name of someone who is listed on LinkedIn as a "Legal Specialist" for credit card company (They just listed her name on the response, not title)

B) Me

 

Evidence:

A) customer agreement

B)monthly billing statements--approx 5 years worth (they put the dates but I don't want to be specific in case they are trolling the boards)

 

The "Legal Specialist's" address listed is the same as the attorney's address.

 

Trying to figure out my next move.

 

Thanks to all for your help and advice.

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A bit more information on your case would help.  Please advise. 

 

Did you receive a declaration in lieu of testimony pursuant to CCP 98?  If so, you will want to have the clerk of the court issue a subpoena and have a process server attempt to serve the witness at the address given  The witness will not be there.  You should tell the process server to make three attempts to personally serve the witness and, when personal service can't be affected, they should leave it with whoever will accept. Then you will file an objection to the declaration based upon two recent cases:  Target v Rocha and CACH v Rodgers.  Search my posts for subpoena and Target and you will find lots of information.

 

If you did not receive a Declaration, then plaintiff intends to bring a live witness or is at least bluffing that it will bring a witness.  In that case, you should prepare to cross examine the witness.  There is a long list of questions in Homelessincalifornia's thread.  As I recall, he was sued by a debt buyer, and it least appears that you are being sued by the original creditor, so you will need to modify the questions to your case.

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As calawyer has asked for more info...here it is and hope this is not too lengthy.

 

The lawsuit is with OC, a cc company and very litigious I see by the court filings.

 

Several months back, I argued orally and successfully against their motion for summary judgment.

 

In their paperwork in support  of summary judgment, they included several months of billing statements, a declaration from a "Litigation Support Representative", and a 2010 card member agreement.

 

For example's sake, their lawsuit is for account number xxx.

 

I argued they should be denied summary judgment as the first two billing statements they included were from account xxy not xxx. Also, their "expert" did not mention the xxy account number in her declaration. Her boilerplate statements were only in reference to account xxx.

 

The judge agreed that because the "expert" only referenced account xxx and not also xxy, he denied the motion for summary judgment.

 

Fast forward to now. I did not conduct any discovery, as I am embarrassed to say, I originally misread the paperwork I received from the court and thought my date coming up was just a hearing. It actually states, hearing/trial.

 

So, here I go spinning as fast as I can to catch up.

 

Now, in answer to CCP 96 they are listing billing statements beginning in 2008 for about five years. They listed card member agreement. (I am assuming they will try to introduce an earlier card member agreement than the 2010 one they used in their exhibits in support of summary judgment.) Their witness is not the same "specialist" whose declaration was used in support of summary judgment.

 

I would like to argue to disallow any billing statements that are not of the xxx account number for the same reasons as argued above, that the "specialist's" declaration does not reference account xxy and the lawsuit is filed under account xxx not xxy. Her declaration also states the account was never reported lost or stolen.

 

In addition, the billing statements they are attempting to introduce now begin in 2008 with number xxy and switch over to xxx in late 2011. However, as noted above, the card member agreement they originally cited and included as exhibits is from 2010.

 

What is my best way to argue against the billing statements of xxy being admitted? The fact that their "specialist's" declaration omitted any such number and the card member agreement originally submitted is from 2010? How do I best argue to keep out an earlier card member agreement?

 

Many thanks to all for your help.

 

 

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Thanks for the details.  They help.

 

The next thing to know is whether plaintiff intends to proceed by way of declaration (CCP 98) or whether it intends to bring a witness to testify.  If it has served you with a declaration, you want to subpoena the witness.  If not, we will help you with some cross examination question.

 

Congrats on beating back the summary judgment motion.  That is no easy task.

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I received  a letter yesterday from Capital One's attorneys stating that they have made a decision to dismiss this suit at this time. They included a copy of the Request for Dismissal, filed by fax and said they will send me a conformed copy of the dismissal once they receive it. They said I do not need to appear in court as the trial will be cancelled, due to their request for dismissal prior to trial. Trial date is 5/26.

 

Wondering, should I show up anyway out of an abundance of caution? Should I enter a motion for dismissal with prejudice? Their wording of "at this time" makes me wonder if they will re-file. Also wondering, as they noted that they "requested a dismissal before trial, (so)  the trial will be cancelled,"... does them requesting a dismissal before trial and cancelling the trial have any significance as far as them possibly trying to re-file?

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Yes, out of caution definitely show up to court as scheduled; keep preparing as if trial is still on. Notices from plaintiff's attorneys mean nothing. If you get written notice from the court that it has been dismissed (or see it posted to your online case file) - then you can relax.

 

A plaintiff can dismiss without prejudice at any time prior to the commencement of trial. They can re-file if they choose to do so. I wouldn't worry about that right now. If they didn't feel they had the ammunition to win the first time around, will they feel any better about it as more time passes?

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Excellent.  Great result.

 

You should show up.  With that letter, you would win a motion for relief if plaintiff got a judgment against you for failure to show up at trial.  But that would be a lot more work than just appearing on the trial date to make sure plaintiff lives up to its promise.

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