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Everything posted by H2SUT

  1. I contacted the clerk's office and they said I have to file Extension for which there is no form, its a free-form document. Drafted that and faxed it in. I'd still like to know about the answer - I have not filed one yet and it's significantly past the initial 30 days, but I have been going back and forth with production request etc. Am I still ok and need to file my answer by the end of my Extension request date? Thank you!
  2. The plaintiff filed a continuance to fill my request for production which was granted. I did not file an answer within 30 days of the return date because I was waiting for the production to be able to make a decision on my answer. I think I need to file a continuance as well so I have time to go over the production before filing an answer. Is this correct?
  3. Ok thank you all for the info! My immediate question for now is this - since I responded to the complaint with an appearance and did not yet file any answer, since I was waiting for Production, do I need to file an answer now? If so is there a time constraint from the time I received Production? Should I file a continuance just to be safe and go over everything in minutia?? I don't want them to say I didn't answer the complaint.
  4. Yes Cap1 is reporting on my credit report and shows charged off, not sold or transferred. Unless that's not up to date. One clarification, I have filed an appearance but not an answer yet as I received the production request packet about a week ago. Assuming this is the correct path.
  5. Hi all, I've done a bunch of reading here but am overwhelmed so I'm going to put my story on here and if anyone has advice I'd be very grateful! Served in April 2014 by a local law firm and listing Capital One as the plaintiff. The law firm listed their disclaimers that they are a collection agency. I answered on time and denied the claims. About two weeks later I sent in a Req for Production asking for contract, terms of agreement, all statements, and payments made. The law firm responded with a copy of the contract and terms, all statements which also show payments, and a printout of what they claim to be the online application. That printout basically shows my personal info, not a contract. The debt is appx $10k and was charged off 9/2013. And 90% of the debt came over as a balance xfer about 5 years ago. The previous card company closed a few years ago. I cannot determine if this law firm owns the debt or is representing C1. They had access to all that information, but looking at the law firm website they claim to have invested a big amount of $$ into some computer system that is able to pull that kind of information from somewhere. I'd like to know if they own the debt or C1 still does. This is the point of the process I am now. No updates from the court yet. I'm thinking of filing a continuance to get more time to look everything over in close detail and do anything else that may be to my benefit. What should I do next? Can I challenge that they do not have specific knowledge of the debt? Ask for more info if anything I missed? Total newbie with this and want to do things right to win if possible. Thanks in advance!!