ITS TIME FOR MY CCP 96.... HELP PLEASE , PRESSURE IS BLOCKING MY THINKING. ;(!!!!

[YOLO YOLO]

Hi, the 45 days mark is around the corner so its almost time for the CCP 96.

Right now, all I have to do is fill out the DISC-015 and the proof of mailing and take it to the court's clerk, RIGH? (California case).

 

1) Anybody knows how much is the filling fee for the DISC-015?

2) If 20 days later....the Junk Collector gives me a name and an address of his/her witness but the person is an employee of the Plaintiff (Not an OC record keeper), Do I still need to subpoena him/her?

3) If the witness is somebody located in South Dakota... Do I need to subpoena her/him?

 

Thank you for all your help.

[RyanEX]

FYI: you may be mixing up two different witness types - a witness that would be named in a CCP 96 reponse vs. a witness that signs a CCP 98 statement. They are not necessarily the same.

CCP 96 request is fairly simple process. You'll fill out the DISC-015 along with a proof of service & have them both mailed to plaintiff. Be sure to get proof of delivery (Delivery Confirmation, Certified Mail, etc). You don't file CCP 96 -  just keep copies of it, the POS, and a print-out confirming delivery.

They have to serve (mail) their response within 20 days of the date you mail the CCP 96 request; so it could potentially take as long as 25 days for you to get the response (assuming they respond). Any witness they may name in their CCP 96 response does not have to be subpoenaed, they are saying they plan on bringing that person; but they do have to supply a name & address for that person - it cannot be a "person most knowledgeable"...CA code & the CCP 96 request both specify that it must be a name & address - you can object if they list a "PMK".

The witness that will need to be subpoenaed would be the CCP 98 witness (if they use one). That is separate from the CCP 96 request. They have to serve the CCP 98 declaration/affidavit at least 30 days before trial, you can subpoena that witness beginning 20 days before trial. CCP 98 requires that witness be available within 150 miles of your court, so you won't need to subpoena in SDakota.

[YOLO YOLO]

Thank you RyanEX

I get it know.

 

[YOLO YOLO]

On 2/5/2020 at 10:40 AM, RyanEX said:

The witness that will need to be subpoenaed would be the CCP 98 witness (if they use one). That is separate from the CCP 96 request. They have to serve the CCP 98 declaration/affidavit at least 30 days before trial, you can subpoena that witness beginning 20 days before trial. CCP 98 requires that witness be available within 150 miles of your court, so you won't need to subpoena in SDakota.

What about if the affidavit is signed by somebody claimed to be a Document Record Controller by the OC.

Should I file a Subpoena for the employment record and resume of the Affiant to find any discrepancies on the resume?

Should I try to do that? How do I file such a subpoena?

I dont want to base all my hope/defense on the affiant not showing up at trial to authenticate the debt.

[RyanEX]

3 hours ago, YOLO YOLO said:

 

 

What about if the affidavit is signed by somebody claimed to be a Document Record Controller by the OC.

Should I file a Subpoena for the employment record and resume of the Affiant to find any discrepancies on the resume?

Should I try to do that? How do I file such a subpoena?

I dont want to base all my hope/defense on the affiant not showing up at trial to authenticate the debt.

Is this a CCP 98 affiant?

[YOLO YOLO]

Dont know yet. I am waiting for the CCP 98 docs.

I dont think the Junk Collector will be silly enough to name as their Affiant an employee from the Plaintiff.... Right?

 

[RyanEX]

What document are you talking about? Bill of Sale?