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I received @ ccp1987(b)(c) demand for documents at trial from def, can I use them now as evidence?


Loy
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So I received this demand in lieuof subpoena and I have and some of what they want some I don’t,  but I am pLanning on including anything I may have forgotten to provide in discovery and that would be beneficial to my case As well I. Can I use these documents provided in this last minute request in my presentation of the evidence now? California.  Ccp 1987(b),(c)

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Here's what a Demand in Lieu of Subpoena, according to the Google:  A “Notice to Attend” (also known as a “Notice in Lieu of Subpoena”) is a written notice that requires the other party to attend the court hearing (or trial). It also tells the party when and where the hearing or trial will take place. ... For example, the notice does not have to be issued by the court before it is served.  

 

I'd start by answering these questions so others on this board will be better able to help you:

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

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

11. When did you open the account (looking to establish what card agreement may be applicable)?

12. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

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

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

16. 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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

18.  How did you find out about this site?

 

 

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On 10/18/2021 at 9:09 AM, Loy said:

So I received this demand in lieuof subpoena and I have and some of what they want some I don’t,  but I am pLanning on including anything I may have forgotten to provide in discovery and that would be beneficial to my case As well I. Can I use these documents provided in this last minute request in my presentation of the evidence now? California.  Ccp 1987(b),(c)

What have you provided in discovery?

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