After showing up for trial at Santa Clara County Court in San Jose with no witnesses and failing to get a continuance, Bank of America's lawsuit against my client seeking in excess of $21k on an alleged credit card debt was dismissed. Bank of America (represented by Flint Zide from their debt collection law firm Harris & Zide) had served a CCP 98 Declaration in Lieu of Live Testimony. My firm in response served Notice to Appear at Trial for the declarant, meaning the declaration and documents would not be admitted unless that witness appeared at trial for cross-examination.
Harris & Zide sought a continuance based on "inability to get a Bank of America witness to appear at trial" and, after hearing argument from both sides, the judge rejected the request for a continuance, resulting in a dismissal of the case.
Remember, collection cases against consumers are generally quite defensible. If you are sued by a debt collector, take advantage of a free consultation with a consumer attorney immediately so you can learn about your rights and options. California residents can contact my office via telephone (858-679-3396) or email at psmith@paulsmithlaw.com. Residents of other states should visit the National Association of Consumer Advocates webpage.
