Fighting tooth and nail
Date: Tue, 07/19/2011 - 23:08
Today they sent me copies of credit card statements with years missing in the middle with their bogus discovery. The also had someone supposedly at C1 verify their discovery docs. I have been unable to find this person by name as an employee of C1 or an attorney in the State of Virginia.
However, they failed to response to Defendants request for admission of facts within 30 days, so I filed a Motion to Compel Dicovery and Deem Admitted Defendants Request for Admission of facts.
Hearing is set. I also filed a Motion to dismiss based on those facts being admitted. My questions is have they lost their case, even though they have minimal evidence w/ cc stmts or can a judge deny my motions? Everything I have researched says that facts deemed admitted stands by default. Are there any attorneys in the house?:hug:
They haven't yet lost their case. But they may lose the case if
They haven't yet lost their case. But they may lose the case if they are not able to show sufficient proof to the court. You may visit the website of your State Bar Association to get a list of lawyers working in your state.
they wont need to show the card's whole lifetime of statements t
they wont need to show the card's whole lifetime of statements to win their case. as far as your motion for dismissal it sounds like it stands a chance. though it would then only be dismissed without prejudice which means you can expect to be back at once they get their shit together. are you disputing that you owe the debt? on what basis?
Sounds Cap One is still the creditor....you gonna have tough tim
Sounds Cap One is still the creditor....you gonna have tough time fighting this. They do not have to provide every statement....just enough to show a spending pattern, and of course your payments.
