trudey Posted February 22, 2022 Report Share Posted February 22, 2022 In California, a debtor can challenge the JDB's standing by not accepting an affidavit in lieu of testimony (CCP 98). This works by serving the affiant with a subpoena to testify in court and therefore the affiant must be personally present to receive a subpoena at a location within 150 miles of the courthouse 20 days before the hearing. Meza v. Portfolio Recovery Associates, 6 Cal.5th 844 (2019). If the action gets moved to arbitration, is it no longer possible to force this CCP 98 requirement on the affiant? Quote Link to comment Share on other sites More sharing options...
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