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  1. @fisthardcheese Should I just e-file the affidavit or is it important to hold it until day of mediation ?
  2. @fisthardcheese Last payment was made 9/11/2017 and charged off April 25,2018. Would something like this suffice ?
  3. Also, if PRA was calling on their behalf would it be the same? I could highlight those? @fisthardcheese
  4. Update- The document they e-filed is Plaintiff’s trial affidavit which they have a litigation support rep on behalf of capital one attesting to the business records etc. I have access to the records but Im having trouble pinpointing and most of the calls may have came in as unavailable or leading zeros. So, I will probably have to go the affidavit route. Can you help with wording based on my answer previous uploaded ? Also, they have submitted a trial affidavit for a capital one employee attesting it’s my account etc and provided the same statements showing past due and the general customer agreement. Also, another question, during mediation do I ever admit anything or do I just say nothing and push my point for counterclaim ? @fisthardcheese
  5. @fisthardcheese got it. The account defaulted in 2017 and charged off in 2018. Not sure I’ll be able to get records to go back that far as sprint claims they don’t keep records more than a certain amount of time but I will search.
  6. What kind of affidavit ? Apologies this will be the first time I’ve had to deal with the courts. Sprint has changed their system and they can only go back so far and can’t seem to find a capital one number on my account. I guess at least not the customer service number so I don’t know. I’m assuming it would be a different number. Would I bring the affidavit with me to mediation or submit (efile) it to the court. I appreciate your help. @fisthardcheese
  7. @fisthardcheeseWhat if I’m having trouble accessing the call history with the information and do not have documentation to provide during mediation ?
  8. @fisthardcheese I have a mediation conference next week. Any advice ?do you think cooling and winter will try to settle etc ?
  9. @fisthardcheese am I required to ask for prayer for relief ? How do I determine which amount ? Why doesn’t FDCPA apply ?
  10. @fisthardcheese Can you provide more information on the steps to file a counterclaim against Capital One as you mentioned previously ?
  11. @Clydesmom how do i settle if I’m already being sued ? As it currently stands, they are only willing to agree to a consent judgement. I do not want a judgment.
  12. @fisthardcheese I appreciate your reply. What are my options as others have stated that there is no arbitration clause with Capital One. If it was removed, when did this happen ? My card was opened either 2015 or 2016.
  13. 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm? Cooling & Winter, LLC 3. How much are you being sued for? $1335.07 plus court costs 4. Who is the original creditor? Capital One Bank 5. How do you know you are being sued? My friend was at my house while I was at work. 6. How were you served? In person. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 9. What state and county do you live in? Atlanta, GA - Fulton County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015 or 2016. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? Suit has been served. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They submitted past due statements from Capital One and a search record for military service.