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I'm a defendant and I have a reconsideration hearing tomorrow on a credit card lawsuit. What can I expect at this hearing?

Long Beach, CA |

I lost the lawsuit. This hearing for reconsideration came about at my ex-parte motion hearing for a stay of judgment while on appeal. At that hearing the judge asked me why I wanted to appeal and I explained that I had subpoened the credit card company witness but she never showed up and I objected to her declaration in lieu. He found for the credit card company anyway so I had grounds for an appeal. He said he wanted to take it under submission because he might just vacate the judgment but a few days later I got notice from the clerk that the judge had changed my stay motion to a motion for reconsideration and set a new hearing date. Thank you.

Attorney Answers 1

Posted

Based on what you've said, you can probably expect to lose. I think you are wasting your time.

This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

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7 comments

Asker

Posted

Why would I lose?

Robert A. Stumpf

Robert A. Stumpf

Posted

Because what legal point that you could have made could change the initial result?

Asker

Posted

the judge had not considered that I had objected to the dec in lieu because the witness failed to appear after being properly served with a subpoena.

Robert A. Stumpf

Robert A. Stumpf

Posted

It's rare in my experience that the bank's "witnesses" ever appear in these cases in person. Written responses are the norm. I don't think this is a winner for you, but if you want to try, go ahead.

Asker

Posted

In California, the defendant has a right to demand that the witness who made the declaration appear so they can be cross-examined. If the witness, after being properly served a subpoena, does not appear, then the declaration in lieu is considered hearsay. The defendant, however, must object to the dec in lieu and I did. The judge did not consider this when he took the case under submission. When he asked me why I was appealing I explained it all to him. He said he had not considered the subpoena when he took the case under submission. He said if he made an error he would fix it. He said he might vacate it. So I said okay, he could take it under submission again. Then a few days later, I got the clerk's notice that the judge had made his own motion, sua sponte, and changed my stay motion to a motion for reconsideration.

Robert A. Stumpf

Robert A. Stumpf

Posted

In NY, there is the same right. But few cases are decided based on that, and I doubt it's any different there. But maybe it is. Maybe in California, creditors have to be constantly flying people in to appear for credit card cases. Maybe you've stumbled on the way to win every time! Who knows. I wish you luck.

Asker

Posted

That was the only thing they had. Also, the attorney who did appear for the Creditor didn't even know it was a trial. She had nothing to say, no evidence, nothing. I don't expect them to show up tomorrow. They just got around to answering my ex-parte motion for a stay. They said they don't object. They're about 30 days behind on this case.

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