madnessdoes Posted February 15, 2018 Report Share Posted February 15, 2018 Ok so I am helping friend prepare his case, he is being sued in Stockton,CA small claims court by LVNV represented by a lawyer, its a Credit One case in the amount of $1800, we have filed the general denial, the CMC is April 25th, 2018, I have prepared his first production of docs, I have attached it please see that it is ok, I have his trial brief done too, so I have some questions, I was wondering is this all I have to send in the certified mail for now? and do I have to file with the court a proof of service that I mailed it??. Also I was concerned cause I noticed on HelpInCali case there was a First request for admissions.docx and a First request for special interoggatories_redacted.docx, am I missing something, am I supposed to send both these at the same time with the first request for production of docs letter. I see time is not on my side at this point, I wanted to send the First request for docs this Friday, the lawyer will have 30 days+5 to respond but I may not be able to get the 2nd request in time before the CMC, we not accepting any offer the lawyer throws at my friend unless is too good to be true, but if a trail date is set out a little bit, can I still do discovery. thanks for any help. First request for productionforupload.docx Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 15, 2018 Report Share Posted February 15, 2018 6 hours ago, madnessdoes said: Ok so I am helping friend prepare his case, he is being sued in Stockton,CA small claims court by LVNV represented by a lawyer, its a Credit One case in the amount of $1800, we have filed the general denial, the CMC is April 25th, 2018, I have prepared his first production of docs, I have attached it please see that it is ok, I have his trial brief done too, so I have some questions, I was wondering is this all I have to send in the certified mail for now? and do I have to file with the court a proof of service that I mailed it??. Also I was concerned cause I noticed on HelpInCali case there was a First request for admissions.docx and a First request for special interoggatories_redacted.docx, am I missing something, am I supposed to send both these at the same time with the first request for production of docs letter. I see time is not on my side at this point, I wanted to send the First request for docs this Friday, the lawyer will have 30 days+5 to respond but I may not be able to get the 2nd request in time before the CMC, we not accepting any offer the lawyer throws at my friend unless is too good to be true, but if a trail date is set out a little bit, can I still do discovery. thanks for any help. First request for productionforupload.docx You have Nelson & Kennard listed as the plaintiff. If I'm not mistaken, that is a law firm. I don't know that the law firm purchases debts. If the firm doesn't buy debts, it merely represents plaintiffs, so the firm itself would not be the plaintiff. You mention Credit One in the request for production. In the summons and complaint, who exactly is named as the plaintiff? 1 Quote Link to comment Share on other sites More sharing options...
madnessdoes Posted February 15, 2018 Author Report Share Posted February 15, 2018 My bad, your correct I looked at the complaint, its LVNV funding LLC listed as the plaintiff kennard is the lawyer on thier behalf, oh boy I think I should change something correct. Ok I made the correction and put LVNV as the plaintiff, I going to mail this tomorrow, do I have have to file a proof of service with the court house or will my return receipt be enough from the post office. also regarding those other 2 docs in my post, do those need to be sent with the production of docs. thanks. Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 15, 2018 Report Share Posted February 15, 2018 25 minutes ago, madnessdoes said: My bad, your correct I looked at the complaint, its LVNV funding LLC listed as the plaintiff kennard is the lawyer on thier behalf, oh boy I think I should change something correct. Ok I made the correction and put LVNV as the plaintiff, I going to mail this tomorrow, do I have have to file a proof of service with the court house or will my return receipt be enough from the post office. also regarding those other 2 docs in my post, do those need to be sent with the production of docs. thanks. Some CA members will chime in. @sadinca @RyanEX Quote Link to comment Share on other sites More sharing options...
madnessdoes Posted February 15, 2018 Author Report Share Posted February 15, 2018 ok I appreciate it, my buddy is nervous as hell, im an x court reporter but its been 20 years plus, never did a case like this, I think with some guidance from this site, we can beat them. my favorite is the standing rule, credit one has already charged off this account, and my thinking is LVNV is in cahoots with the lawyer, they are one in the same. in my day you were not allowed to be a lawyer nor have an attorney represent you in small claims court, boy alot has changed. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted February 15, 2018 Report Share Posted February 15, 2018 These cases are all pretty standard now - the debt buying industry has cleaned up it's act to the point where everyone in the court house knows you (your friend in this case) are guilty. You are lucky in that CA is essentially the last place in the county where you have a shot at forcing them to provide live witnesses, which makes the case not worth the money to prosecute. As BV said, there are some California members here that have the process down to a science. Quote Link to comment Share on other sites More sharing options...
madnessdoes Posted February 15, 2018 Author Report Share Posted February 15, 2018 ok cool, im looking forward to hearing from them, I was studying the post by HelpInCa, Im hoping if I follow that motto, we could have a chance. Quote Link to comment Share on other sites More sharing options...
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