Declaration of Siren by HC120911071925

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                     IN THE CIRCUIT COURT OF THE STATE OF CALIFORNIA
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                                    FOR THE COUNTY OF ORANGE
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     RECEIVABLES CORP.,                                    Case No. 12070000
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                    Plaintiff,                             DECLARATION OF JOHN H. DOE
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            v.
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     JOHN H. DOE,
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                    Defendant.
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            I, JOHN H. DOE, do hereby declare under penalty of perjury:
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            1.      That I am a competent person over eighteen years of age. I make the statements
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     herein based upon my personal knowledge.
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            2.      I am the Defendant JOHN H. DOE and I am acting as my own attorney in the
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     case of RECEIVABLES CORP. v. JOHN H. DOE (Case No. 12070000) currently pending in the
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     Circuit Court of Orange County in the State of California.
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            3.      On July 12, 2007, I received the Plaintiff’s Summons and Complaint.
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            4.      On July 19, 2007, I filed Defendant’s Answer with the clerk of the Orange County
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     Court and mailed a certified true copy of Defendant’s Answer to Plaintiff’s attorney Dick Smith
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     complete with Certificate of Service via certified mail.
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Page 1 - DECLARATION OF JOHN H. DOE
 1          5.     On August 19, 2007, I received Plaintiff’s Motion for Summary Judgment with

 2   Plaintiff’s Affidavit in Support of Summary Judgment.

 3          6.     Plaintiff’s Affidavit in Support of Summary Judgment is disputed by me as false

 4   and misleading, based upon the following points:

 5          a.     I have never heard of Plaintiff Receivables Corp., nor of Credit Management,

 6                 Inc., until such time as I began receiving their collection correspondence.

 7          b.     At that time I did send them by certified mail the Notice of Dispute, Request for

 8                 Validation, and Request for Creditor Disclosure Statements. These were mailed

 9                 twice, first on March 14, 2006, and again on January 9, 2007. Also on January 9,

10                 2007, I mailed via certified mail my Notice of Dispute, Request for Validation,

11                 and Request for Creditor Disclosure Statement to Receivables Corp.’s attorney

12                 Dick Smith.

13          c.     I subsequently received no response from Receivables Corp., nor its attorney Dick

14                 Smith, other than attorney’s letter of March 28, 2007, stating that his client will

15                 accept a monthly payment plan or lump sum settlement offer (please see Exhibit

16                 B, Page 3 of Defendant’s Answer to Complaint).

17          d.     At no time did I ever receive any response whatsoever that even so much as

18                 acknowledged that Plaintiff was in receipt of my Notices of Dispute, and although

19                 they clearly were in receipt of such (as additionally evidenced by Exhibit C,

20                 attached hereto), they also never responded to my Requests for Validation nor my

21                 Requests for Creditor Disclosure Statements, although Receivables Corp. and

22                 Credit Management Inc. had approximately one and-a-half years in which to do

23                 so.

24          e.     The Creditor Disclosure Statements (see Exhibit A of Defendant’s Answer to

25                 Claim) had specific questions in order for me to ascertain Receivables Corp. and

26                 Credit Management Inc.’s relationship to alleged original creditor (i.e., if there
Page 2 - DECLARATION OF JOHN H. DOE
 1            was a legitimate nexus), if it was licensed to act as a collection agency in the State

 2            of California, if it was a secured party, and if they had the proper standing in order

 3            to file a claim by determining if a) they had the proper delegation of authority as

 4            an assignee from the original alleged creditor, or b) they were the holder in due

 5            course of the alleged security instrument. It also asked questions in order to

 6            ascertain if “accord and satisfaction” had been rendered at any time to original

 7            alleged creditor or any subsequent creditor in privity of alleged contract, and

 8            what, if any, product or service had been performed or delivered by Receivables

 9            Corp. and/or Credit Management Inc. in exchange for due consideration. Again,

10            no response from Plaintiff, neither then nor now.

11       f.   I have also never heard of, nor spoken with, nor received communication from

12            Credit Management, Inc.’s employee Jane Smith, so her statements in her

13            Affidavit in Support of Summary Judgment that “there is no record of any

14            legitimate dispute,” and that she has “had business dealings” with me are patently

15            false (again, please see Exhibit C, attached hereto).

16       g.   I am not in receipt of any information which would show that Jane Smith is the

17            actual person in charge of the alleged account and was the party with first-hand,

18            direct, and personal knowledge of the alleged debt, its origination, and/or any

19            entries in the account ledger. I believe this person, the competent fact witness,

20            would necessarily need to be an employee of the original alleged creditor, Bank of

21            XX, and also employed by Bank of XX at the time the alleged debt was

22            originated. I am furthermore not in receipt of any information or records which

23            would show that Jane Smith ever worked for the alleged original creditor, Bank of

24            XX, whereby she might be able to claim that she is the competent fact witness.

25       h.   I have never signed any contract, nor made any agreement with Receivables Corp,

26            nor Credit Management, Inc. In fact, I have never spoken with anyone from
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 1            either of their organizations over the phone, answered any questions of theirs,

 2            made any payments or agreed to make any payments which might be construed as

 3            perfecting a contract in novation, nor communicated with them in any way other

 4            to send them the Notices of Dispute, Requests for Validation, and requests for

 5            Creditor Disclosure Statement.

 6       i.   I am not in receipt of any information that would prove that Receivables Corp. is

 7            the actual secured party in this matter.

 8       j.   I additionally am not in receipt of any information that would show that

 9            Receivables Corp. or Credit Management, Inc. has the proper standing in order to

10            pursue a collection action against me.

11       k.   I am not in receipt of any information that would show that original alleged

12            creditor Bank of XX, were a contract to exist, provided full disclosure or fully

13            complied with the requirements of Regulation Z of the federal Truth in Lending

14            Act.

15       l.   I, John H. Doe, reserve the right to know and understand the nature and cause of

16            the complaint against me, and to meet the competent fact witness, if there is one,

17            face to face. I also reserve the right to a jury trial should Arbitration fail.

18       m.   As of August 19, 2007, when I received the Motion for Summary Judgment, I had

19            not yet had time to take any discovery to obtain information I need to adequately

20            defend myself in the pending case.

21       n.   I intend to send at least one set of interrogatories to the Plaintiff. I also plan to

22            depose and/or subpoena Jane Smith, Plaintiff’s witness. I also intend to subpoena

23            the original and/or certified copies of all records, including any alleged signed

24            contract, in addition to obtaining any records, depositions, affidavits, and etc.

25            through motions for discovery.

26       7.   That all documents attached hereto are certified to be correct originals or true and
Page 4 - DECLARATION OF JOHN H. DOE
 1               correct copies of the originals, being reproductions from the records or being

 2               evidence to establish the contents of a lost or destroyed document or computer

 3               transactional records.

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 5   I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY

 6   KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR USE AS

 7   EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.

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 9        Dated this 1st day of September, 2007.

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11                                             By:
                                                     John H. Doe, Defendant in Pro Per
12                                                   111 N. Seaside Avenue
                                                     San Jose, CA 95001
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