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Please help.....I need to send this out today. I appeared in court last month and stated my denial infront of the judge. My trial date is set for June 6th. I just received from the plantiffs (CAPITAL ONE) attorney's office last weekend a REQUEST FOR ADMISSIONS AND FOR ANSWERS TO INTERROGATORIES in pursuant to Rules 33 and 36(a) of the District Court Rules of Civil procedure and Rule 30 of the District Cour Rules of the State of Hawaii. They attached statement from Aug 2011-Aug 2012. I need to respond in 10days after receipt so I have until today Monday 5/13/13. Here a are list of admissions they want me to respond to. please Help? #1- In or around Dec 12,2002, you were issue a credit card account by Capital One Bank (USA), bearing account number XXXXXXXX (the "credit card account"). #2- You were provided with the credit card for the credit card acount #3- You received the credit card(S) for the credit card account. #4- You used the credit card account to make purchases and/or obtain extensions of credit. #5- You recieved periodic billing statements that showed the charges made on the credit card account. #6- You did not dispute in writting any charges appearing on any of the billing statements mailed to you. #7- You allowed someone else to use the credit card account to obtain goods or services or cash advances. #8- Attached as Exhibit "1" are true and correct copies of monthly billing statements that you received with respect to the credit card account. #9-Plantiff is owed the sum of $3640.29 as of January 14, 2013 on the credit card account. #10-You received mail at (addresss - mail recd) in the year 2012 Im trying the best I can reading through diff forums. Any advice on how to answer and even what next steps I have to take would greatly be appreciated. I know my case is diff being first of all in Hawaii, and OC which I read can be difficult to beat.... They actually want me to try and settle with someone from their office before court date but I really don't have the funds for this. ugh....Thanks in advance for any help..... Heres my original post http://www.creditinfocenter.com/community/topic/319979-help-received-summons-marvin-sc-dang-suing-for-capital-one-hawaii/?p=1240785
Hi, Rookie here.... this site is amazing, I've learned so much just since last night... unfortunately, after the fact... I am being sued by an attorney representing FIA Card Services for an unpaid BOA credit card charged off as of 11/09. After two court appearances, in which I was the only one in front of the judge, the attorney filed a Motion for Summary Judgement. I started digging through old paperwork, and found three credit agency demands for payment on this account. The 3rd, was a very intimidating and explicitly demanding letter from the attorney now suing me. Her letter said "acting as a debt collector". "Demand is hereby made upon you for the payment in the amount of $4xxx.xx (PRINCIPAL). Your payment should be made by certified check, cashiers check, or money order paid to the order of: HER, at HER address." It occurred to me, that BOA had charged off the acct, and sold it to JDB pool. The attorney (the 3rd collection agency) tried to get it from me, and failing that, filed suit naming FIA as the plaintiff. She submitted an AFFIDAVIT from an FIA custodian of record. To make a long story short, I filed a Motion to Oppose Summarry Judgement, and attached an exparte motion to Strike the Affidavit, and Motion to Dismiss. I completely misunderstood the court clerk, and sent the lawyer the attached motions,(so all 3 can be heard in court at once on 6/27) a day late of the 3 day order. Court clerk said she'll probably know anyway from online court calendar, but I'm thinking it will get continued for my late mailing. The main premise of my motion to oppose and dismiss is alleging that the real plaintiff is the attorney, and that FIA is a third party to the action, but has assisted the atty. But my main question, after finding this site, is....... what can I expect in court on 6/27? The attorney has never been in court. Over This ReplyReportEdit