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Calvary SPC I, LLC Suing Me...and I have questions about their CCP 96 Response


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Hi guys,

You all were such a tremendous help for me on my first case, but unfortunately, I am back in here, and I need some last minute help as I prepare for another case next week since I just received a response to my CCP 96 request, today!

 

Here are the details of my case:

 

1. Who is the named plaintiff in the suit?

CALVARY SPV I, LLC


2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Quall Qardot LLP

3. How much are you being sued for?
$2, xxx


4. Who is the original creditor? (if not the Plaintiff)
Capital One


5. How do you know you are being sued? (You were served, right?)
I was served papers on 06/28/2016.


6. How were you served? (Mail, In person, Notice on door)
Left on my doorstep and then a copy in the mail.


7. Was the service legal as required by your state? 
I guess CA allows this type of service.


8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I got a few letters from the law firm requesting payment, but I never responded.

 

9. What state and county do you live in?
Los Angeles, CA

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
08/01/2013

 

11. What is the SOL on the debt? To find out: 
4 years


12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Court Dated Scheduled for 08/15/2017.

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No


14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
No.


15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

I responded within 30 days.

COMMON COUNTS: Open Book Account & Account Stated.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Along with the Summons, they Sent me:

1. Bill of Sale 

2. One Billing Statement

 

When I sent them the Demand for the Bill of Particulars, they sent me:

1. Billing Statements (from 11/2012 thru 06/2013) from Capital One

2. Billing Statement (from 08/2015) from Calvary Portfolio Services, LLC

3. Bill of Sale and Assignment of Loans

4. Terms and Conditions

5. Application (Signed Certificate of Acceptance)

 

Lastly, I sent them a CCP 96, Request for Statement of Witnesses and Evidence on 07/10/2017, and I just received it in the mail today after receiving a Notice of Trial in the mail last week. hey placed the CCP 96 response in the mail exactly on the 25th day! In it they wrote:

 

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

            Plaintiff, CAVALRY SPV I, LLC's, respectfully submits its Witness List and reserves the right  to amend this Witness List at any time prior to or during trial.

                                 1. Heather Wilcox, Representative of Calvalry, 500 Summit Lake Drive Ste 400, Valhalla, NY 10595

            Plaintiff, CAVALRY, respectfully submits its Exhibit List:

 

and reserves the right  to amend this Witness List at any time prior to or during trial.

1. Billing Statements

2. Bill of Sale and Assignment of Loans

3. Terms and Conditions

4. Application

              Plaintiff, CAVALRY, reserves the right to introduce exhibits not provided on this list for impeachment or other purposes.

 

Now, the CCP 96 lists the Witness (which is not a Custodian of Records) and the Exhibit List, but they failed to attach any of the Exhibits with the CCP 96 Response. They did include all of the exhibits with the response for the Demand for the BOP. Will that suffice and, if so, should I send a Meet and Confer letter informing them that I plan on objecting to their witness due to hear potential testimony being hearsay?

 

 

 

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you could send a meet and confer letter informing them than umm, no  they cannot reserve the right to amend the Witness list at any time. 

YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.

also ccp96 states Plaintiff should serve a description AND copies of documents they intent to offer during trial. 

 

 

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7 hours ago, sadinca said:

you could send a meet and confer letter informing them than umm, no  they cannot reserve the right to amend the Witness list at any time. 

YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.

also ccp96 states Plaintiff should serve a description AND copies of documents they intent to offer during trial. 

 

 

Would I just object to all of the evidence and the witness during the trial or would I have to file an objection to each prior to the trial?

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7 hours ago, sadinca said:

I would definitely file objections to each evidence.  see @HomelessInCalifornia 's threat for samples. 

Would I file objections based on the fact that they did not include any of the evidence in response to the CCP 96 I sent them? It would seem that it  work against me to file Objections based on their "Exhibit List" and introduce their Exhibits as evidence into my case when they were not smart enough to attach the Actual Exhibits in response to the CCP 96 request. It clearly states on the CCP 96 request, "Attach a copy of each document available to you."

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If you want to write them a letter complaining that they did not attach any of the exhibits, that would be fine.  However, I agree that filing an objection, when you already have the documents in hand, would not serve you well.

Also, because there was no CCP 98, you really don't have any reason to file written objections to the documents.  There is nothing about a document itself that makes it admissible or inadmissible.  It is the testimony accompanying the document that does so.  So the witness will have to be competent to testify, able to authenticate the document (state from personal knowledge what the document is) and then provide some testimony to get over a hearsay objection. 

If Ms. Wilcox is a Cavalry employee and knows nothing about the OC's records, then you will simply object that the witness lacks personal knowledge to authenticate the documents and the documents are inadmissible hearsay.

That is, if Cavalry flies her all the way across the country to testify in a case that will yield it $2,XXX if it wins.

 

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