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kimura027

Need Help!! CCP 98 California from Midland Funding.

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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.

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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?

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