kimura027 Posted July 8, 2016 Report Share Posted July 8, 2016 Hi, I have been sued by Midland Funding LLC and I've been doing the pre-trial litigation work past couple of months. I just received CCP98 from Midland Funding LLC in San Diego. Anybody heard of Monica Maxwell? She seems to be the person who has knowledge of the evidence in the discovery. Quote Link to comment Share on other sites More sharing options...
RyanEX Posted July 8, 2016 Report Share Posted July 8, 2016 I wouldn't give the CCP 98 declarant credit for having much "knowledge" about the purported evidence. M Maxwell is likely a "legal specialist" who works for Midland/Encore and she may or may not have reviewed the file, but she has affixed her signature to the CCP 98. She likely never worked for the original creditor, therefore you can object to her attempt to authenticate the business records of that original creditor. You need to flush her out by issuing a subpoena for her at the address she provided in the CCP 98. Did you serve them with a CCP 96 request? 2 Quote Link to comment Share on other sites More sharing options...
sadinca Posted August 9, 2016 Report Share Posted August 9, 2016 @kimura027 how is your case going? Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.