Won in court yesterday? (Cap 1 hearing)

[promo_girl]

Well, I went to court for the hearing I was scheduled for with my Capital 1 suit--

(history:

They served me a summons, I answered- they filed a motion for summary judgment, I got on this site and studied my butt off-

I filed a very nicely done, if I may say so myself, Motion to Dismiss their MSJ, spelling out that they didn't have a signed agreement, and that I wanted calculations of how they arrived at this amount and that I wanted to know what right they had to collect -- and I still cannot tell if they are a JDB/CA/or OC's atty..Then I received a notice from the court, signed by the judge, for a hearing on the MSJ.. for 10 days later)

I struggled with whether to try to settle, and got ahold of the money to do so, then decided not to- I am pretty judgment proof anyway, so I took my chances and went on to court to try out all this wonderful info I learned on this site.

When I got there I see the atty (i found his picture online) and had to listen to him whooping it up with his colleagues about how funny it was when people found out they were garnished, etc.. nice guy huh?

So I go into the courtroom- maybe 8 people or so are there for the same type thing too- and several were ahead of me- they ALL LOST and the atty was granted his MSJ on each one.

It was my turn, and I (shaking hands and all) tried to appear as confident and knowledgeable as possible, explained that my motion had requested certain proof that the debt was mine, and that I had not received...and would like to see...etc..

The atty went up and explained to the judge that MANY CC's don't have signed agreements anymore, as most come in the mail, are done online, etc (at this time I am looking straight at a printout I made of a post on this board where someone had a plaitiff atty say the same thing and she won..)

THEN--

Judge says "There is not sufficient evidence at this time to grant your motion for a summary judgment" and explained that it could still be brought at a later date if and when he gets his documents to me.

The judge never uttered the word "dismissed" or with or without prejudice..

I am giddy that I won, even if just this round.. but at least it gives me more time! (anyone have any idea how long? He told the judge he would produce these documents)

Thanks everyone who helped me get there-

[momof5]

Congrats!

It is not over yet, but keep your head up! Most often, the JDB cannot come up with the necessary papers....and most often, they miss the deadlines imposed by the court.

If they ARE a JDB, your next piece of legal action is to request the chain of ownership documents. They usually don't have sufficient proof of that either.

[torikid]

That is so wonderful! I can ONLY IMAGINE how empowered you feel to know enough to stand up for your rights and have such an outcome.

Would you be kind enough to post the link to the thread that gave you such power.

[cjtx]

Congrats!

Did you receive any dunning letters prior to the lawsuit? Crap1 works with a skip tracer called TrakAmerica and sometimes they branch collection out to several CAs at the same time before filing suit. One of those CAs may have identified TrakAmerica. Other than that they don't pull your CR directly. Then they file affidavits pretending to be "an agent for Crap 1 duly authorized to make the affidavit".... and hire an attorney in your area to get an easy default judgment in most cases.

Personally, I think TrakAmerica is committing fraud by concealing its activities and acting as if they were Crap1.

If you still have time for discovery, I would try to get some info on who exactly hired the attorney and who does the person who file the affidavit work for.

[promo_girl]

Congrats!

Did you receive any dunning letters prior to the lawsuit? Crap1 works with a skip tracer called TrakAmerica and sometimes they branch collection out to several CAs at the same time before filing suit. One of those CAs may have identified TrakAmerica. Other than that they don't pull your CR directly. Then they file affidavits pretending to be "an agent for Crap 1 duly authorized to make the affidavit".... and hire an attorney in your area to get an easy default judgment in most cases.

Personally, I think TrakAmerica is committing fraud by concealing its activities and acting as if they were Crap1.

If you still have time for discovery, I would try to get some info on who exactly hired the attorney and who does the person who file the affidavit work for.

WOW! Just what I needed to know I think!

This particular collection atty was there for several cases yesterday- and some said "Collection Law Center" Vs. Jane Doe, others said "Capital One vs Jane Doe" or whatever. (I knew that Capital One had attempted collection previously through Northern something)

I found it so strange. It was mentioned in my motion that I requested to know what rights they had to bring suit/their connection to Crap1 but it was not at all addressed, only the signed agreement won it for me.

Is there a way to find out without filing anything with the courts yet?

I kind of want to wait and see if I hear from them again.

[promo_girl]

That is so wonderful! I can ONLY IMAGINE how empowered you feel to know enough to stand up for your rights and have such an outcome.

Would you be kind enough to post the link to the thread that gave you such power.

I read the whole site of www.creditinfocenter.com, and about 200 threads in the forum.

I searched the internet for all kinds of info on something in my state- I read the civil procedure for my state and I also found a template somehow for the Motion to Dismiss the Summary Judgment motion, and customized it to look just like the one they sent me.

I have this and a few other things, such as official letters of request for settlement (never used) saved on my computer if anyone wants to PM me for it.

[promo_girl]

OK- I have another question on court procedures real quick:

I got in the mail today official paperwork of the judge's decision, saying that MY motion to dismiss was denied, and that Cap1's motion for Summary Judgment was also denied--

So if they were both denied, then what now? Am I waiting on a court date to get set? Do I file something to request documents (signed agreement, calculations, proof of their right to collect) or is it dead until the plaitiff does something else?

Please let me know what you think or KNOW to be true here.

Thanks!

[Focus2069]

looks like your going to trial.

I think the next step would be discovery.

[kreditkrunch]

If it goes to trial, can she request a trial by a jury of her peers?

[promo_girl]

great question- I did this on a DUI charge once, about 11 years ago, and because I asked for that, it never made it to trial and just ended up getting dismissed (the video they had of me was more in my favor than theirs!)

NEW QUESTION--

I just found out we are going to be selling the house and moving across the country pretty soon- within the next couple of months (health issues with the in-laws and need to be closer)-- if this gets set for trial after I leave, will Crap1 have to start over?

Or if they get some kind of judgement in my state and I move to another, is it transferrable?

[admin]

Just keep plugging away. It sounds as if you are still going to court. I would also call Capital One and see if they still have this debt.

The latest trend is for Cap 1 to sell the debt to a few choice attorneys who act as debt collectors but put "Cap 1" as the plaintiff. If this is the case, I would threaten to turn the law firm into the State's Bar association. This is fraud.