Steven,
Take a look at the LBR that require a good faith effort to obtain documents following a meet and confer and a declaration in support filed with the motion for 2004.
Lou Esbin
>
> The finance company for a jewelry purchase has used a small law firm to
> notice a motion for a 2004 Exam that simply asks for the credit
> documents that they themselves issued and "documents relating the
> location and condition" of the property" (who creates documents about
> location and condition of jewelry? Dear Diary...today my ring is
> looking tarnished and so I sent it on a world tour because I thought it
> needed a vacation...), and are asking my debtor to appear at some office
> in Tustin for an exam.
>
>
>
> That this is just a collection ploy is obvious, and I have to hand it to
> creditor's attorney, that while heavy handed, it does get attention. It
> is hard to collect on non-vehicle or real property collateral and the
> costs of the effort often exceed the value of the collateral.
>
>
>
> They do have some very general language in the motion itself (a barely
> modified template) and the declaration in support states they have not
> be able to determine location and condition.
>
>
>
> So I guess I'll oppose it and get my client's declaration on the
> condition and location thereby obviating the need for such examination,
> and showing an email that we exchanged trying to negotiate a redemption.
>
>
>
> So this brings me to 2 questions:
>
>
>
> 1. Does anyone have a form or pleading with some P&As that they'd
> like to contribute to this that have some pleading to the judge about it
> being for harassment or improper purposes (as perhaps with an ex-spouse)
> even though it is just for this silly thing; and
>
> 2. If anyone gets a similar 2004 Motion, would you like to have my
> pleading that I put together, with or without the above heavy P&A.
>
>
>
> I'd like for everyone who gets this 2004 Motion to oppose it, and makes
> sure it does not work to reward its authors, if not by this method, then
> by a more passive means if that's your style.
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@...
>
> >
www.leverlaw.com
>
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