bite me bank Posted July 8, 2017 Report Share Posted July 8, 2017 Hello, I need help! I can't afford an attorney nut I have a jury trial date with capital one next month. I desperately need advice on how to win it without an attorney to represent me. I sent many request to the law firm but so far they cannot produce any contract with my signature or any documents with my signature. All they been sending were statements that date back to 2011. Can I win just based on their lack of sufficient evidence? They tried sending me entrapment letter that required my response within 20 days. I responded within timely manner but didn't get it certified. So of course they deny ever receiving my response. They went and file a motion that I accept their claim via this entrapment. Please help. I'm a single mom struggling to make ends meet, I need this to go away. Thanks a million! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 9, 2017 Report Share Posted July 9, 2017 5 hours ago, bite me bank said: I sent many request to the law firm but so far they cannot produce any contract with my signature or any documents with my signature. They don't have to. This is a credit card debt. The courts are VERY aware there is no signed contract between you and Cap1. The card agreement does not require your signature. Read it. It clearly states that by accepting the card, using it, and making payments you are agreeing to the terms. They do not have to produce the charge slips with your signature and quite frankly you don't want them to. It proves the account is yours. 5 hours ago, bite me bank said: All they been sending were statements that date back to 2011. Can I win just based on their lack of sufficient evidence? The statements ARE sufficient evidence when the original creditor is suing you. They can attest to the veracity of their own records and do not need an affiant. Statements going back years will be more than enough to show the court the account is yours and you defaulted. 5 hours ago, bite me bank said: I need this to go away. Unfortunately it is not going to just go away. An original creditor lawsuit is a LOT harder to win because the defenses you read about on sites like this are for junk debt buyers suing not original creditors. Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 9, 2017 Report Share Posted July 9, 2017 @bite me bank California has some consumer friendly rules with which plaintiffs must comply. @calawyer @sadinca @RyanEX @Anon Amos Quote Link to comment Share on other sites More sharing options...
calawyer Posted July 10, 2017 Report Share Posted July 10, 2017 On 7/8/2017 at 2:29 PM, bite me bank said: They tried sending me entrapment letter that required my response within 20 days. I responded within timely manner but didn't get it certified. So of course they deny ever receiving my response. They went and file a motion that I accept their claim via this entrapment. First things first. We need to know exactly what this "entrapment letter" is. You say they filed a motion. What is the exact title of the motion? When is the hearing? Did you prepare an opposition to the motion? 1 Quote Link to comment Share on other sites More sharing options...
Seadragon Posted July 25, 2017 Report Share Posted July 25, 2017 Here is some jury trial stuff: http://www.creditinfocenter.com/community/applications/core/interface/file/attachment.php?id=1265 http://www.creditinfocenter.com/community/applications/core/interface/file/attachment.php?id=481 Quote Link to comment Share on other sites More sharing options...
Seadragon Posted July 29, 2017 Report Share Posted July 29, 2017 Jury instruction you have to change the word Plaintiff with their name and defendant with your name in the italics sections A very good cheatsheet California Hearsay objections California Trial Objections Structured Argument Module( good for court room ) Questions for plaintiffs witness(es) Quote Link to comment Share on other sites More sharing options...
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