1. Who is the named plaintiff in the suit?
CAPITAL ONE BANK (USA), N.A.
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
ALDRIDGE PITE HAAN, LLP
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
DV SENT IN AUGUST
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt? To find out:
6 YEARS, INSIDE SOL
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
SUIT SERVED, NO ANSWER SENT AS OF YET, COUNTERCLAIM TYPED UP (Attached)
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
YES, LETTER ATTACHED - They responded by sending me over 100 pages of statements
16. How long do you have to respond to the suit? (This should be in your paperwork).
30 DAYS FROM NOV 28, COMPLAINT ATTACHED
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
1 LOUSEY STATEMENT FROM OC, ATTACHED WITH COMPLAINT
I have attached all the docs listed above. I also have recorded voicemails that were left at my work phone from Cap1 with the same exact recording each time which are listed in the counterclaim. I have not filed an answer yet as I wanted to pop in this forum and get some pointers on if I am taking the right course of action.