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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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You would have needed to object to what was happening, the extension itself vs insufficient evidence.

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1332

Quote

Rule 3.1332. Motion or application for continuance of trial

(a) Trial dates are firm

To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.

(b) Motion or application

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered

#1 if they needed a continuance they should have made a noticed motion/ex parte application ahead of time  and # 2 have a good reason. "Witness couldn't make it" isn't a good reason. What happened was, seeing that you weren't going to settle at the last minute, they tried this delay tactic and it worked. You should print out a copy of CRC 3.1332 and take it with you next time.

As it is, they bought themselves some more time to try and get you to settle. Have seen this before. What did you do ahead of trial? Did you make a CCP 96 request? What did they do, did they file a CCP 98?

Copies & reproductions of documents can be submitted, but are subject to CA rules of evidence, you can object to those.

 

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I made no official requests of any sort. I didn't see or notice any official request from the Plaintiff's lawyer either, only him asking the judge for a continuance right there in court. Thanks for your help Ryan!👌

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On 6/21/2019 at 3:08 PM, Justjdog said:
 

I made no official requests of any sort. I didn't see or notice any official request from the Plaintiff's lawyer either, only him asking the judge for a continuance right there in court. Thanks for your help Ryan!👌

Gotcha. To be clear - they didn't file a CCP 98 (a Declaration/Affidavit in Lieu of Testimony)? They would have served you with it around a month before trial. Also, it would show up in your online case file - double check that since it's an important item. When is your court date?

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