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Justjdog

Being sued by a debt collection lawyer in ca

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Oh ok, got it... thx for the clarification everyone!

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Ok so I have my answer ready to go so what all do i need to take to the court with me? I know I need the answer and a copy to be stamped(?)... what about proof of service?

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Whoever is serving the answer to the plaintiff, have that person fill out a POS (POS-030), but not sign it. Make a copy of both POS and answer. Now have that person sign the original POS, then mail the copies of the answer and unsigned POS to the plaintiff's lawyer. Take the signed POS & original answer to your court, get them stamped, have copies made for your records, file the originals with the courthouse.

When you mail the POS and answer to the plaintiff, regular first class mail is sufficient - no need for the extra expense of certified mail for these items.

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Thanks for your help Ryan!👌

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So I just got back from court with ceeeyeare and they had nothing (IMO)— no original document, no witness...just his tablet with some images of letters with my address on them that he said were proof that I was making payments on that account (I asked him if he had the actual letters and he said he didn’t need them, that “that’s not how it works”. I told him, unless he has original docs, that we had nothing more to discuss. This all happened before the actual trial, btw.

Anywho, by the time the trial actually got underway, he started by asking the judge for an extension due to the fact that his witness could not make it...the judge granted that request EVEN AFTER asking if there was any explaination as to why the witness was a no-show with the lawyer unable to offer ANY reason whatsoever. Am I wrong in assuming this is all BS on the lawyer’s behalf? That he has NO proof that I owe this debt?

I digress... at that point I asked the judge for a dismissal on the grounds of insuffient evidence on the plaintiffs part but the judge shot me down and I agreed to a new date in late July.

I think I should have probably asked if it was possible (or demanded) to just continue the trial right then and there but I didn’t think to do so, at the time unfortunately.

Does anybody have any thoughts on how this went down or what I should do or expect the next time out?

I appreciate any input...thanks all!🙂

 

 

 

 

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14 minutes ago, Justjdog said:

So I just got back from court with ceeeyeare and they had nothing (IMO)— no original document, no witness...just his tablet with some images of letters with my address on them that he said were proof that I was making payments on that account (I asked him if he had the actual letters and he said he didn’t need them, that “that’s not how it works”. I told him, unless he has original docs, that we had nothing more to discuss. This all happened before the actual trial, btw.

Anywho, by the time the trial actually got underway, he started by asking the judge for an extension due to the fact that his witness could not make it...the judge granted that request EVEN AFTER asking if there was any explaination as to why the witness was a no-show with the lawyer unable to offer ANY reason whatsoever. Am I wrong in assuming this is all BS on the lawyer’s behalf? That he has NO proof that I owe this debt?

I digress... at that point I asked the judge for a dismissal on the grounds of insuffient evidence on the plaintiffs part but the judge shot me down and I agreed to a new date in late July.

I think I should have probably asked if it was possible (or demanded) to just continue the trial right then and there but I didn’t think to do so, at the time unfortunately.

Does anybody have any thoughts on how this went down or what I should do or expect the next time out?

I appreciate any input...thanks all!🙂

 

 

 

 

He did not need original documentation.  Read your rules of evidence.  Copies of documents are acceptable.

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