I received a Notice of Declaration in Lieu of Testimony in a credit card lawsuit. The person making the declaration actually lives in Virgina, but will accept service at some business in Los Angeles. I read on a credit card forum that the California rule on this is that the person must actually be within 150 miles and that these businesses and law firms can't really accept service. I'd appreciate.
Generally speaking, a Notice to Appear pursuant to CCP 1987(b) is tantamount to a subpoena if served on a party to the lawsuit.
However, the Notice to Appear can only be used to compel an officer, director, or managing agent of the party to appear, who might not necessarily be the declarant on the CCP 98 Declaration in Lieu of Live Testimony which you received.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
THE DEC. IN LIEU OF PERSONAL TESTIMONY IS PURSUANT TO CCP 98. IT MEANS THAT THEY ARE GOING TO USE A DECLARATION TO TRY AND GET A JUDGMENT AGAINST YOU. IF YOU SERVE A NOTICE PURSUANT TO CCP 1987 (B) ON THE PLAINTIFF THEY MAY DROP THE CASE DEPENDING ON THE BALANCE.
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