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Posts posted by tiredofthebs

  1. Everyone today I had my hearing with Cap 1 being represented by Fred Hanna and Associate and the case was dismissed with pred. The lawyer from Fred Hanna called me in to ask if I was willing to work out a settlement and I told him no. He then said to me well I guess I have to dismiss this one then.

    Thanks to all of you on this site who helped me prepare. Remember one thing to anyone dealing with old debt show up to court.

    Yea another win against Cap 18-)

  2. Capital One has filed a suit against me. During the discovery phase they sent me a document from their law department that indicates my account was charged off on 1/2002. I issued that to the court as evidence so the judge would not render their msj against me. Capital one comes back and writes that the document I submitted from them is not authenticated. Are you kidding me. They also submitted to the judge billing statements which I can tell has been altered to show that I made a payment in 2003. That is so not true. I would like to respond back to there msj can anyone guide me in the right direction in this.

    This document came from them and just because it was their mistake how can I authenticate a document from them or even prove that this is the real document. They have the capacity to change the documents not me. They also filed an affidavit stating that I made a payment in 2003. I would like to show the court this person is lying.

    Any suggestions

  3. Where can you find if your state view there law as substantive or procedural on sol? I am in Georgia and I used the applicable law that cap 1 listed on there contract and the judge denied my msj. He state it was not in the proper form in order to make a ruling on the sol and it is set for the next schedule calendar non jury trial.

  4. Don't know if it was denied with/without pred. Judge sent the letter and it stated Defenant msj was denied due to imporper form and the case is set for the next available non jury trial on the calendar. I just want to know sense was was denied due to impoper form could I refill it.

    What is the proper form of submitting a msj? I followed everything according to what I researched can anyone provide me the proper form.


  5. What are some of the reasons to file a motion to strike an affidavit? Do I write up the motion as calling this hearsay? The affiant is using ca records to testify to the document however the supporting document does not support the statements made in the affidavit?

    How would I write up the motion to strike affidavit? Can I even file a motion like this? I live in Georgia.

  6. The letter I received stated that the judge denied both msj because it was not bought about in the correct form. I am so lost. If I could afford an attorney I would get one but at this time I am unable. They have set up a non jury trial. No payments were made in 2003 and the letter from the ca was sent in April of this year.

  7. The document with the 2002 charge off date was what they submitted to me during discoveries. They also submitted old charge bill stating that I made a payment in 2003 which I did not. I am still lost of how the judge can over look a letter directly from the ca that clearly puts this account over 6 years.

  8. I filed a msj in state court against cap 1 and the msj was denied. The msj was based off of the applicable law as well as SOL indicated in there customer agreement. What should be the next step to proceed in this case. I have a letter from cap 1 stating that the charge off date was 1/2002 why would judge not dismiss? Letter was included in the msj indicating the charge off date. I live in Ga and this is over 6 years.

    I am confused. Any help is appreciated.


  9. Nascar,

    I did address the SOL in discoveries. I did ask in the request for admissions if the account was over 3, 4, and 6 years from date of the last transaction. The plaintiff just objected to everything. I also asked them to provide names of the persons that will testify to the knowledge of this account but the response was that it violated attorney/client. In production of document they sent a copy of a customer agreement and nothing else. Then I filed the msj using the applicable law clause that was in Cap one agreement.

    "This agreement is governed by Va and Federal law. Once again my DOLP was 12/01 but of course I don't have anything to prove that except the cr.

  10. Sorry I am in Georgia

    Time line

    April 2008 summons filed

    June 08 discoveries filed by plaintiff and defendant

    July 08 defendant files MSJ based on SOL DOLP 12/01

    Aug 08 plaintiff files MSJ stating DOLP 3/2003

    Not true as I stated you can see the documents are fake but I need to know how to proceed from here.

    If I could afford an attorney that is what I would have but currently I work for Burger King so you can imagine my take home pay for a family of 3.

  11. I just want to make the judge aware that these documents are fake. So I should do a brief in opposition making sure I point out everything as hearsay.

    Here an example of one of the questions:

    Defendant last payment was 1/2003

    I am to say:

    Plantiff stated in Opposition to Defendant MSJ account went into collections on 2/2003.

    Something to that affect? They stated that the SOL was 2/2003

  12. I am being sued by a JBD. I filed a MSJ in which the judge has not ruled on yet. Today I received in the mail the JBD request for MSJ. The documents that were attached to their motion is completely falsified. When they responded to my MSJ they stated that the account was due on 3/2003 and that is when SOL started. I argued in my MSJ that it started on my last payment which was 1/2002 according to CR. Now in their MSJ they claim that I made a payment in 3/2003 which renewed the account and they sent me copies of all these statements with me ordering CD's and charging them to this account every month. The also had someone fill out an affadavit to verify that this is correct. I have never been so mad in my life because I can clearly see on the documents the difference in the typing that was used. They are lying and how can I answer? I would like to convey the dishonesty to the judge.

    Thanks all

  13. Has anyone ever heard of the national attorney network? I am trying to find out if crap 1 owns my debt or if they sold to a collection attorney. When i call for information on the debt and enter the account number I am transferred over to the national attorney network who will not answer any question except do you want to settle.

  14. No payments made on the account. Last payment 1/2002. I used SOL as defense and filed a MTD. Attorneys states that the SOL started on 1/2003 when the account was closed and they sent a copy of a statement with my information and a balance. Nothing to indicate how they got to this balance. Should have that statement objected to based on validity or accuracy of the document? Judge has yet to rule on the MTD, but I would like to get a start on how I should proceed in this case.

    PS I noticed that the attorneys sent me 2 different agreements on this account which leads me to believe that they don't know which agreement applies. Any help is greatly appreciated.


  15. Georgia SOL is as follows

    All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11.

    When does the clock starts for the SOL. I read when 1st payment is missed. I am being told that it is the date it went to collections which for me is 1 year after i missed a payment. Can anyone help me interpret the meaning of this law and which date is used to count SOL.