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  1. This case is a credit card account cause of action account stated OC - Cap1 Plaintiff-PRA Claims PRA made in complaint The Defendant had an account with Cap1 ending in 0000, which account was later assigned to Plaintiff An account was stated by and between the Defendant and Cap1 where it was determined at closing the defendant owed 5-6k, account was later assigned to the Plaintiff The Defendant has not timely objected or made a complete payment on that account stated. The amount due and owing to Plaintiff is 5-6k less payments made Written demand blah blah 10 days. My question is how does one begin writing a legal essay? Judge wants a concise written statement of the factual basis and legal theory upon which their complaint counterclaim answer or other pleading is based together with supporting authorities. In search of reference material /web sites / examples of outline and format to use Ultimately I would like to argue standing and choice law statute of limitations
  2. I tried retaining Ballard, no go. So I searched icourt dockets looking for others that have beaten collection cases, the 2 victorious attorneys I spoke to refused my case because of PRA's "unethical representation". Thanks for outlining how this process will proceed, guess I'll see what they have when the motion for summary is filed. Can you tell me though, is there a required format in writing my discovery to the plaintiff like that is required for motions, affidavits and such or can I just use what I know as long as I include the case info ?
  3. Yeah, I understand my chances especially in ultra conservative Idaho. I'd like to press them into a settlement that I can manage so a intelligent discovery is important. Game plan- defeat account stated *bonus*. Main focus is making them prove they have right to sue. I've found 2 recent cases in Idaho where PRA was defeated for lack of foundation-standing. Lloyd MacDonald v PRA Idaho supreme court 2017
  4. In my answer I Denied all allegations based on lack of information. Claimed every affirmative defense available again based on lack of info.
  5. No discovery from either side yet. I need help formulating a respected discovery request, production of docs, rogs, and admissions. preliminary hearing 45 days away
  6. . . Who is the named plaintiff in the suit? P.R.A 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mark Johnson 3. How much are you being sued for? 7k 4. Who is the original creditor? (if not the Plaintiff) CAP1 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person. Process server to husband to self 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Attorney sent a DV notice, I responded with a validation request. 9. What state and county do you live in? Idaho 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? 2014 12. What is the SOL on the debt? To find out: 5yrs Statute of Limitations on Debts 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). Answer submitted. Discovery phase. Pre trial scheduled end of October 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes however after being served 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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Plaintiff claims: 1.Defendant had an account w/ Cap1, account subsequently assigned to the Plaintiff. 2 an Account Was Stated by and between Cap1 and the defendant, wherein it was ascertained at the closing of the account that said Defendant owed the 7k to Cap1. who subsequently assigned the account to the Plaintiff. 3. Defendant has not timely objected or made a complete payment on that Account Stated. 4. The amount due and owing to the Plaintiff is 7k less payments made. 5. Written demand for payment of said sum was made upon Defendant more than ten days before commencement of this action. 6.Further equity requires Defendant to pay the value of the benefits received. Prayer for relief= damages, court costs pre and post judgment and any other relief. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing attached 18. How did you find out about this site? google 18. Read these two links: I have a few times. I don't think arbitration is an option. DV included 3 statements and a assignment letter from cap1 Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ====================================================
  7. I have searched the forums, I know it's out there but I haven't found help on how to present discovery to PRA time is of the essence. I am looking for good examples of what to ask or what NOT to ask. Any common big mistakes to avoid. Thank You
  8. Not sure why but I figured I shouldn't contact OC. I am pretty sure the charge off amount is different from the amount in this lawsuit.
  9. I more than likely lost my card, I reported it under lost/stolen. They sent a new card which I never activated ( guess I shouldn't say closed) I saw the lost/stolen entry on my credit report a few weeks later and made a mental note. Now almost 3 yrs later and without any docs whatsoever I'm trying to figure my best strategy to defeat PRA's account stated claim. I was hoping this one credit report entry might help show the plaintiff failed to prove an essential element in cause of action. I did ask for dv, disputed after their response. The account stated action is killing me. It's time 4 discovery but can't even decide specific demands to include in request for production of documents. Thanks for responding, appreciate the knowledge found here.
  10. Okay I understand, not much help then to defend this case. The messed up part is they've removed everything from capital one which makes it hard to prove that the card on this account was reported lost/stolen and then closed. Sounds like this wouldn't help me anyway to defend account stated.
  11. Jdb is Portfolio Recovery. Their account is listed on my report as a "installment loan" . What types of cross claims are they trying to avoid by deleting the "trade line"?
  12. The OC account is nowhere to be found on any of my 3 credit reports. I am trying to find a dispute I filed with the OC but that info no longer exists. Is there anything to look for on a credit report to defend my case?
  13. OC is Capital One. Honestly don't know about this account. I need help understanding what should happen next. Do I request discovery from the court or plaintiff? Who makes the next move?
  14. Answer filed to PRA (claiming an absurd balance owing of 7k). I denied all 7 complaints due to "defendant lacking knowledge". My affirmative defense response: Defendant lacks knowledge of having an alleged account stated with plaintiff therefore, "the defendant is claiming all available affirmative defenses" ( rule sited individual defenses listed). Is this a legit claim? My reasoning is of course how do I know which defenses to claim if I lack knowlege of this account? Also, what happeneds next? Where should I focus my energy? Specific motions, affidavits, brief or Discovery. Thanks in advance.