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being sued by cap1 through an attorney

Date: Wed, 01/06/2010 - 09:57

Submitted by pill0wxtalk
on Wed, 01/06/2010 - 09:57

Posts: 8 Credits: [Donate]

Total Replies: 8


Hi,
Back in October, I got served with papers saying I was being sued by cap 1 for 1300 dollars. I talked to an attorney and he said to deny everything on the answer and I did that. I just got the exhibts in the mail and they don't prove anything! They included a customer agreement, and some case studies where people were sued and the collection agency won. I was told by the lawyer I talked to the attorneys were actual collection companies and that he deals with them all the time. I know that my SOL isn't up but I need some help.. my court date isn't until March.
How do I go about defending myself, I really don't have the money to just give a lum sum settlement. I am 20 years old and acted stupid, I live paycheck to paycheck with no extra money. The CC was origionally only for 500 bucks.
I printed out the validation letter, do I send this to the court also? I just need to know exactly what to ask for and how to do it.
Thanks!!


A customer agreement has no standing in court. It proves nothing. A debt validation letter will also do nothing at this point. You have to find out your state rules of civil procedure and see how to serve them with requests for production of documents. Above all else, show up for the court date. object to that card holder agreement for one.


lrhall41

Submitted by on Wed, 01/06/2010 - 15:29

( Posts: | Credits: )


Quote:

Originally Posted by pill0wxtalk

That's not the way it is done at all. First of all, there is no requirement for filing discovery documents in court. Court clerks in most jurisdictions won't even accept them into the court record. All the responding attorney will do is just come back with a bunch of obfuscation and pettifoggery and provide no information of any value which does not benefit his case. The one above is a waste of time. I have my students use a set of 44 demands for admissions first then based on what comes back demand production of documents and if need be then interrogatories.

If they come up with garbage answers to demand for admissions then file motion to deem admitted on them.

On demand for productions of documents, if they don't come up with the documents they said they have in demand for admissions then use Supoena Duces Tecum.

In the end we always take them to federal court. We usually sue the attorney and then bring in the plaintiff as a co-defendant.

You will probably lose in local court no matter what you do and you should count on that. The way to win is to take them to federal court. My students have a total of 172 straight wins in federal courts with never a loss.

Creditwrench
(405) 237-2174


lrhall41

Submitted by Max Hemmingway on Thu, 01/07/2010 - 08:26

( Posts: 7 | Credits: )


Is there anyway I can get your help? I have no idea on how to write up demands for admissions.. I tried to look up a sample and couldn't find one.. I'm freaking out! I know this can be fought because they have nothing against me as their exhibts were only the credit cardholder agreement and case studies.. I know that they are probably in favor to win but I can't just lay down and not at least try and fight it. Oh- and one more question.. if they were to win and a judgement against me, I don't have a bank account but my husband does.. I'm not anywhere on it.. can they garnish that? [FONT=Calibri][/FONT] [FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT][FONT=Calibri][/FONT] Thanks!![SIZE=2][/SIZE][SIZE=2][/SIZE][SIZE=2][/SIZE][SIZE=2][/SIZE][SIZE=2][/SIZE][SIZE=2][/SIZE][SIZE=2][/SIZE][SIZE=2][/SIZE]


lrhall41

Submitted by pill0wxtalk on Thu, 01/07/2010 - 10:03

( Posts: 8 | Credits: )


[QUOTE=pill0wxtalk;515004]Is there anyway I can get your help? I have no idea on how to write up demands for admissions.. I tried to look up a sample and couldn't find one.. I'm freaking out! I know this can be fought because they have nothing against me as their exhibts were only the credit cardholder agreement and case studies.. I know that they are probably in favor to win but I can't just lay down and not at least try and fight it. Oh- and one more question.. if they were to win and a judgement against me, I don't have a bank account but my husband does.. I'm not anywhere on it.. can they garnish that?Thanks!![/QUOTE]
Yes, all you have to do is call my phone number above. I don't know what state you are from so I would have to know that in order to tell whether they can go after your husband or not. If you are in a community property state they can.

I can teach you how to fill out all the forms and paperwork including the demand for admissions and much, much more.

Just give me a call. I'll be unavailable until about 9:30 PM Central time this evening but I'll also be available all day tomorrow.


lrhall41

Submitted by Max Hemmingway on Thu, 01/07/2010 - 14:29

( Posts: 7 | Credits: )