Istresswaytoomuch

Sued by Portfolio Trail in 1 month need advise. ASAP

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We will be thinking about you tomorrow.  Two thoughts that may or may not be on your radar screen.

 

If Plaintiff brings a witness that is not the person who signed the CCP 98 declaration, you should object.  THat person promised to be available for service of process.  You went to the trouble and expense of serving that witness with a subpoena.  Why is the witness not present?  A subpoena is not a request.  It is a court order punishable by contempt.  You wanted that witness (not some other person that found it convenient to show up) so that you could cross examine him/her with the declaration.

 

Be prepared for a last minute request for continuance if the witness is not there. The rule is very specific.  Such requests must be in writing and supported by a declaration of good cause (like death or sickness).  Here is the rule:  http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1332

You might want to print it out and bring a couple of copies so you can show it to the judge.  They are not very familiar with the rule because most lawyers would not show up on the day of trial and ask for a continuance.

 

Good luck.

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I'm here, this is my second post. I don't have any idea what happened to the first. My information was highlighted on the board outside of the courtroom. In red ink it said that my case was dismissed w/ predjudice. How bout that! Just wanted to give everyone an update, I'm waiting for the judge. I'll check in later

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Yay!!!!!!  Congrats!  What a great result.  I am so proud of you.

 

No more stress!

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Congratulations. One less thing to stress about, and a big one. Starting tomorrow night you will probably sleep better than you have in a year, and won't lose any more sleep over this case.

 

You may want to file to get your cost back if you incurred them. Again, congratulations and well done.

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Thanks to you all!!!!!! Shellieh, Calawyer, Anos Amos, and RyanEx, for all of your input, time and effort. Also for everybody else that got back to me promptly. This board is amazing. Now what happened with court: I was number 5 on the list. The first 3 cases in front of mine were handled over the phone............. I was like WOW, really???? The 4th was continuous on the board and then there was me. Of course the board said dismissed w/ prejudice but in front of the judge it was without prejudice. We didn't actually have a trial so I figured it was what it was. I just thought that it was funny because the lady(lawyer) was representing different collection agencies, I saw Cach, PRA, and about 5 others I had never heard of. Out of all the people there I was the only one she didn't pull outside and make arrangements with, and all I wanted to do was pass out this website to everyone, but of course it was too late for them. I felt so lucky to have been a participant on this board with all of you and I mean this from the bottom of my heart. There was a girl there in her 20's with a 30,000 dollar judgment against her and she was in tears. I was the only one there who prevailed. I'm about to get wasted and I'm not even a drinker so I'm gonna try my best to pop my hangover cherry because I have gotten 0 sleep in the last month because of this case, I didn't even go to bed last night at all. I wasn't nervous though, I just kept checking over my notes and adding a little more here and there, I figured I was sent to this page for a reason and learned all that I needed to know so why be nervous, about what, you got this and even if the lawyer and I had gone toe to toe I think that I would have gotten the same outcome, just WITH prejudice this time. I'll post all of my redacted documents and HELL Yeah I'm getting my cost back because of course the witness didn't show. Have a good night everyone and thanks again.   

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@Istresswaytoomuch

 

Congrats!  Great job.  I think you earned a drink.  Being sued and going to trial is a gut wrenching experience for most first-timers.

 

@Anon Amos  @calawyer  @shellieh98  And yet another Cali win for all you.  Except for calawyer, none of you is a lawyer and technically you can't give legal advice, but for all practical purposes, istresswaytoomuch was your "client" and your "firm" won her case. Without you all, she would have either defaulted or been one of those the JDB lawyer "pulled outside" to arrange payments.

Well done.

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I was sued by Portfolio Recovery Associates, LLC

I answered a general denial last year in July(2014) once I was served at my home. I answered within the 30 days, went and filed it with the court and received a court date practically a year later to the date of my response.

About 45 days before trial, I received a thick envelope UPS(during the year I didn't contact them at all, I didn't send any request for document or anything I DID NOTHING. ****** Back to the envelope. The contents were as followed: 1. Plaintiff's Trial Exhibit List

Exhibit A- Citibank N.A./ Sears Card Agreement

Exhibit B- Bill of Sale ("BOS")/ and corresponding electronically transferred data(*this page has a heading that says- EXHIBIT 1 ASSET SCHEDULE)/ Affidavit of Sale & Plaintiff's "Sale File" [redacted by Plaintiff's counsel] (*this sale file has no title it is 3 pages long and has your personal info on it such as an account number with only the last 4 digits showing, date account was opened the amount, and charge off date. Everything on this form is in an alphabetical list This is the first page and what they fill in,{I'm trying to be descriptive so you can see if you've received the exact same documents})

Exhibit C- Billing statements including charge off statement for Citibank N.A./Sears credit card

Exhibit D- Letter sent from Plaintiff to Defendant(s) re Plaintiff's intent to commence legal action against Defendant* this was nothing but a generic letter stating that they planned on suing me *

 

 

2. Declaration in Lieu of Personal Testimony Pursuant to CCP 98

 

3. Plaintiff's Trial Witness List

 

4. Notice Requesting and Requiring Parties to Attend Trial [Cal. Code of Civ. Proc. 1987(B)-©]

 

5. Plaintiff's Trial Brief

 

6. Memorandum of Costs (Summary)

 

7. Proposed order for judgment

 

8. CCP 96

 

 

Like I said I received all of this 45 days before trial so I had just enough time to send them a CCP 96 also. They have to receive it 30 days prior to your trial. When I sent mine I DID NOT send a PROOF OF SERVICE FORM. Make sure you send one with the CCP 96 it's called a POS-030 if you're sending more than one item then also download the POS-030(D) this is a page to submit a list of items.

 

 

I never received a response to my request for the CCP 96 so right before the trial I was instructed to send them a MEET AND CONFER letter. Make it as a general business letter/heading. My letter stated : Plaintiff cannot reserve the right to call additional witnesses, nor can it reserve its right to amend the list at the time of trial. CCP96 is plainly written and defendant will be objecting to any non-compliance of the statue.

 

 

I did get a subpoena from the courthouse, when you get it you fill out the whole top portion #2 will be the last point where you fill in your info everything else is left blank, the clerk will then stamp it and sign it. Then you go on-line and find a process server. I paid 85 bucks for mine. I did everything by email. You DO NOT give them your stamped subpoena from the court you keep it. Once they (process servers) have completed their job they will mail the proof of service form to you. You take this form and staple it to the stamped subpoena then file it with the court.

 

My person WAS served on the first attempt. BUT he DID NOT show up in court at all. Of course because he was served I did my trial brief and Defendant's Objection to Declaration.........., as though he was served and coming to court. Below is my Trial Brief and the Objection that I filed and sent to the Plaintiff

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Go get ur costs back lol. I'm glad I "found" you, and could direct you here to help you win. Out of all the boards out there, this one is the very best.

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I will forever be in your debt Shells, I'm sure that if you hadn't I wouldn't have had the outcome that I did. Not knocking the other board but just as I expressed to you they had little to no knowledge regarding California law. But this board is the best by far, and just as you suggested having Anon Amos and Calawyer step in to guide me along with you was a God sent. Others helped me along the way too, but you guys keep me from stressing way too much. LOL. You guys kept a positive attitude towards me and helped me to stay grounded as I know that you do with others that you reach out to on this board, and that's the best part. I had a hard time learning how to navigate through the website but once I did the questions I was kind of on the fence about asking I was able to find and answer myself.

 

I also forgot to mention that I omitted some things that didn't pertain to my case with the 2 downloads I included (that others before me posted beforehand) but I never had anyone proofread over anything so for people that might use the info, if something doesn't seem quite right then ask, although they worked out for me just fine.

 

My house is clean now, no papers scattered all over the floor and couch. My kids and company finally have a place to walk and sit. I'm finally back to sleeping at night. This case made me feel like a college student again up late nights cramming. So now I'm signing off for good. Thanks again everyone, and many blessings to you all.

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Congratulations!!! Always so happy to read great news like this! Gotta say...Cali rocks with this stuff...Testament to the incomparable help from This most awesome board. Hats off to you...So happy for you. Thanks for sharing your docs as well!

Cheers

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oh, wow. im usually here most days lurking but somehow I miss this entire post!!!!

 

CONGRATULATION ON YOUR WIN!!!!!

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