Sued In Ohio by Crap 1

[bigdogbigbite]

I have about 7 days to answer the summons concerning Crap 1 and I am looking for some assistance in answering. Currently, my goal is to just answer the summons and then

1. either look for an attorney to assist me, or

2. Fight the case myself.

Background

I recently found a job after being underemployed for about 1.5 years during which I fell behind on mortgage payments, and credit card payments. I worked out the mortgage with a little help from my family. Now, I have to do battle with Crap 1. I owe about $5,000.

My strategy is to deny, deny, deny.

Crap 1 sent with the Summons, a billing statement showing the amount owed, address, etc, etc., and a another document called a "Capital One Cycle Facsimile Report" which has a lot of mumbo jumbo on it that looks like it was printed out of a database. The only recognizable part is name and address.

And thirdly, a customer agreement.

I went to the courts website and found that most people did not answer the summons, thereby allowing a judgment in favor of Crap1, and one person who retained a lawyer who worked out a settlement.

As I mentioned, I am going to summarily deny the amount owed, and leave the prove to the plaintiff regarding the exhibits. Any comments on the strategy or help in wording my answers. Or will more information be needed?

[remus936]

you must file an answer & you should use a denial stated like- I deny that this is my debt, and if its proven to be my debt, then I deny the debt is valid & if its proven valid than I deny the amount owed is the correct amount . Or something like that I am not sure I got the wording correct. No lawyer here, just recent defendant from same company.

If they have already provided you evidence that this is your account, IF they have a valid signed customer agreement, then it will be hard to deny that the account is yours. You never want to tell a lie on any court papers, that can come back & bite you later.

[notagain]

Hey Bigdog,

Going through the same deal as you at this thread: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=290831

I'm at the same step, too! Got like two weeks to respond...

notagain

[bigdogbigbite]

Thanks for the response "notagin" and "remuse". Would it help if I posted my summons as you did notagin? I had to fight Crap 1 in another case and I won, which give me the courage and motivation to fight this one to. I am not trying to get out of paying any debts, but the timing is crappy, and I refuse to allow any bottom feeding attorney just run over me and my family.

Is there a template for the format that you used to post your summons on this forum? I totally anticipate that Crap 1 has good records so I am looking for something that I can use against them, or at a minimum get the amount reduced and then slow pay them into infinitum. At any rate, I wont just rollover.

[bigdogbigbite]

And I am happy to see that you "notagin" have chosen to also fight.

1. Who is suing you? CAPITAL ONE BANK (USA), PLAINTIFF

2. For how much? $3000

3. Who is the original creditor? CAPITAL ONE BANK (USA)

4. How do you know you are being sued? Civil action number is provided on summons

5. How were you served? Were you served? by regular mail.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence. They sent collection letter

7. Where do you live? OH.

8. When is the last time you paid on this account? Probably within 2 years.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).

Answer to summons due.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No.

12. Does your summons require a response? (Look hard!) Yes

If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? No.

13. What evidence did they send with the summons? Capital One Cycle Facsimile Report and a customer agreement governed by the laws of VA, and Billing Statement.

14. What is the SOL on the debt? To find out: 6 years.

Complaint says:

1. There is due the Plaintiff the sum of $X,XXX.00 dollars

2. Attached are the exhibits, terms and conditions attesting to the amount. The summons claims that the rest of the records are not attached, because the attorney beliefs that the defendant received monthly statements, and that the remaining records are archived and voluminous.

3. That the Defendant is in default on this obligation.

4. Demand was made and the defendant failed to pay the balance due

5. That there is presently due the plaintiff on the contract, the sum of $xxxx. plus interest finance, at the contract rate of XX%, plus more interest.

WHEREFORE, plaintiff demands judgment against defendant for the sum of $xxxx.xx with interest at xx.xx% from 0x/xx/08, the date of demand, on $xxxx.xx together with costs and reasonable attorney fees.

CAPITAL ONE BANK (USA), N.A.

by its attorney,

Signed two bottom feeding attorneys to battle this action

name

law firm

address

in state

telephone number

scr#

I can send the actual detailed wording privately if that will help.

[notagain]

I had to fight Crap 1 in another case and I won, which give me the courage and motivation to fight this one to... I am looking for something that I can use against them, or at a minimum get the amount reduced and then slow pay them into infinitum.

Hi bigdog! Tell us about your other case. Was it so different?

I'm still trying to scare up a plan myself. I'll let you know as I go...

notagain

[bigdogbigbite]

The other case was different in that the lawsuit was filed in an adjacent municipality that I never resided in, and that had no jurisdiction over my case. That did not stop the attorney from filing the case twice. I received assistance from this forum, and the case was dismissed. I even built up enough confidence to request that the attorney be sanctioned, but it did not happen.

Although, I was very worried when I received the discovery papers, and they added on 2 more attorneys, with information from here I was able to have the case dismissed. I am a bit anxious now, but I will keep going until the end.

[bigdogbigbite]

O.K. Folks. I have filed my answer to the summons. I anticipate a whole crap load of papers and about 16 attorneys to sign on to the rest of the process. I hope that I can depend on you guys for some assistance.

around the same time I was served a summons for not paying taxes in a municipality. It seems strange to me that I have to fight an attorney that represents a municipality, and have to file answers to summons from the same municipality that I pay (or don't pay) taxes to. It feels like I am fighting myself with my own tax money. Also It seems like to me that the world has just gone plain nuts. Oh well, on to the fight.

[bigdogbigbite]

The question I have now is given that I have filed an answer to the summons, should I contact the attorney and try to work this out outside of the courts?

[notagain]

The question I have now is given that I have filed an answer to the summons, should I contact the attorney and try to work this out outside of the courts?

Hi bigdog!

Just my 2 cents, but that would seem to me like a weaker play. I'd wait for them to contact you. I wouldn't want to look desperate. I think of it like a game of poker? Or, do what ever makes you feel good? Hope you win!

notagain

[merrybucks]

It doesn't hurt to contact. Most courts encourage parties to a suit to reach a settlement outside of court. The key is do you think you have a winning case? A settlement could avoid a judgment on your CR.

[bigdogbigbite]

Merrybucks:

I am not sure if I have a winning case or not. My first defense was to answer the summons and not let them have an easy judgement. My goal is to have the case dismissed altogether and or enter into a payment agreement (settlement) along with a small enough payment that it really doesn't affect my cash flow or income. I am going to research the amount of payment that would be necessary if I had to go into an agreement. My monthly income is only enough to pay my living expenses. Food, Gas, House note, etc. Nothing much is leftover.

Secondly, I am researching attorneys to assist me with what might be an ongoing credit situation. I am thinking that if I have insurance on my car and house, then why not my legal situation.

Are you familiar with the legal plans? And are they worth it?

[bigdogbigbite]

Attorneys for Crap1 checked in after I filed my answers. Case Management has been set. In review of other Crap1 cases I noticed that sometimes right after case management has been set, the attorneys filed for summary judgment, and very shortly thereafter, the case management was converted to a default judgment hearing. I mean within days. Is this a procedural move, or has something transpired that I should be aware of? Should I prepare my discovery docs? What can transpire between now and the set case management date?

[notagain]

Attorneys for Crap1 checked in after I filed my answers. Case Management has been set. In review of other Crap1 cases I noticed that sometimes right after case management has been set, the attorneys filed for summary judgment, and very shortly thereafter, the case management was converted to a default judgment hearing. I mean within days. Is this a procedural move, or has something transpired that I should be aware of? Should I prepare my discovery docs? What can transpire between now and the set case management date?

What's the latest, bigdog?

notagain

[bigdogbigbite]

The question: I received admissions, interrogatories and request for production of documents from an attorney representing an OC. After reading the Civil Rules for Procedures for Ohio I noticed that the attorney did not follow the rules, in that I received a paper copy of the above but no electronic copy. This could be an oversight on the attorney's part, but does it represent a reason for not answering the document on mine. I have copied the Civil Rule 36 below

Civil Rule 36

Requests for Admission

(A) Availability; procedures for use. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Civ. R. 26( set forth in the request, that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. A party serving a request for admission shall provide the party served with both a printed and an electronic copy of the request for admission. The electronic copy shall be provided on computer disk, by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of a request for admission may seek leave of court to be relieved of this requirement.

[bigdogbigbite]

Civil Rule 36

Requests for Admission

A party serving a request for admission shall provide the party served with both a printed and an electronic copy of the request for admission. The electronic copy shall be provided on computer disk, by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of a request for admission may seek leave of court to be relieved of this requirement.

[nascar]

I wouldn't make to much of it. Call the attorney and ask for them to email the docs to you or send you a disc. They may have forgotten to send it or, maybe they're yanking your chain. Either way, it's not worth hassling over, IMO.

[notagain]

If you serve upon them request for admissions, you will have to obtain a method from them for sending electronically your requests to them.

If you do this, and then claim in court they broke procedure, the judge may want to know why you didn't give them your email address when you asked for theirs. Could look a bit silly? I don't think it's worth pursuing...

Bigdog, will you be posting your Answer? I'd be interested in comparing...

notagain

[bigdogbigbite]

Yes, I probably will be posting them. Especially if it helps. I will be working on them tonight and should have them up by this coming week.

As a side note: I was offered a settlement, but I just can't afford to pay a couple of hundred or so a month.

[bigdogbigbite]

Here is my first draft of the request for admission, interrogatories and production of documents. Please feel free to comment.

INTERROGATORY NO. 1:

State the name, address, phone number and place of employment of the person answering these interrogatories.

Answer: Gave name,etc Place of employment has no relevance to the material facts as presented in this case.

INTERROGATORY NO. 2:

Please list any and all addresses

Answer: Gave Address

REQUEST FOR ADMISSION NO. 1:

Admit that you currently live at ( Address)

Answer: Admit.

REQUEST FOR ADMISSION NO. 2:

Admit the you opened an account with (Company)

Answer: Denied.

INTERROGATORY NO. 3:

If you deny the above, state the reason.

Answer: Defendant admits to having previous dealings with the Plaintiff but defendant lacks sufficient knowledge as to determine which dealing Plaintiff references in this action and denies until provided strict proof thereof.

INTERROGATORY NO. 4:

have you ever been known by any other names?

Answer: (Name)

INTERROGATORY NO. 5:

Are you or have you ever done business under any other names, t

Answer: (Name)

REQUEST FOR ADMISSION NO. 3:

Admit that you received and extension of credit, which you opened by signing an Acceptance Certificate.

Answer: Denied

INTERROGATORY NO. 6:

If you deny the above, state the reason for your denial.

Answer: Overly vague. Defendant lacks sufficient knowledge of the signed Acceptance Certificate as requested in admission no. 3.

REQUEST FOR ADMISSION NO. 4:

Admit that you received monthly statements (Credit Card xxxx).

Answer: Denied

INTERROGATORY NO. 7:

If you deny the above, state the reason.

Answer

REQUEST FOR ADMISSION NO. 5:

Admit that you defaulted under the terms and conditions of the extension of credit by failing to pay the minimum amount due on time.

Answer: Denied

INTERROGATORY NO. 8:

If you deny the above state the reason for your denial

Answer: The request for admission No. 5 calls for a conclusion of law and is improper.

REQUEST FOR ADMISSION NO. 6:

Admit that your current balance is

Answer: Denied

INTERROGATORY NO. 9:

If you deny the above, state the reason for your denial

Answer: Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

REQUEST FOR PRODUCTION NO:

Provide all statements receipts and other documentation supporting your answer to Interrogatory No. 9 and evidencing a current balance less than $(X)

Denied- Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

REQUEST FOR PRODUCTION NO:

Provide all cancelled checks, receipts, or any other document evidencing payments you made on the (Credit Card)

Denied- Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

REQUEST FOR ADMISSION NO. 7:

Admit that you agreed to pay interest at the rate indicated on our monthly statement.

Answer: Denied

INTERROGATORY NO. 10:

If you deny the above, state the reason for your denial.

Answer: Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

REQUEST FOR ADMISSION NO. 8:

Admit that you made the purchases and/or cash advances shown on the statement that you received from Credit Card Company)

Answer: Denied

REQUEST FOR ADMISSION NO. 9:

Admit that no individual other than yourself or an authorized user made charges with your charge card

Answer: Denied

INTERROGATORY NO. 11:

If you deny Request for Admission No. 9, what charge(s) to your (Credit Card) were made by a person other than yourself or an authorized user?

Answer. Overly Vague. Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

INTERROGATORY NO. 12:

Identify the individual(s) who made the charges you listed in interrogatory No. 11

Answer: Denied-Overly Vague. Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

INTERROGATORY NO. 13:

When and in what manner did you inform (Credit Card) that charges were made to your account without your permission?

Answer: Denied-Overly Vague. Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

REQUEST FOR PRODUCTION NO:

Provide all statements upon which charges made by someone other than yourself or an authorized user appear.

Denied-Overly Vague. Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

REQUEST FOR PRODUCTION NO.:

Provide all letters or other written documents evidencing notification to Credit Card Company charges not made by you and without your permission.

REQUEST FOR ADMISSION NO. 10:

Admit that you are responsible to Credit Card Company in the amount of $(x) etc. and any other charges that court seem just and equitable

Answer: Denied- Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

[notagain]

Bigdog,

Thanks for posting. It's interesting and helpful for others to see what might be coming down the pike.

notagain

[bigdogbigbite]

In the plaintiffs request for admissions, interrogatories and production of documents, the plaintiff ask for documents that I plan to introduce as evidence a the Trial and also, any witness I intend to call.

I need an answer. I don't think that I need to have witness or documents unless there is evidence of a liability to the plaintiff, But I do not want to lose my right to include them at a later date if necessary

In the answers to this document, I included that I reserve the right to amend answers as circumstance require. Is this enough to be able retain my rights to witnesses and documents at a later date if the situation does go to trial?

[nascar]

In the answers to this document, I included that I reserve the right to amend answers as circumstance require. Is this enough to be able retain my rights to witnesses and documents at a later date if the situation does go to trial?

Discovery requests are ongoing anyway. You're expected to provide updates to your answers if something changes.

[bigdogbigbite]

Nascar

Thanks for the info. I am going to do some research and develop some discovery of my own. It seems that Cap 1 is suing everybody. They have numerous cases listed on the courts website. Makes me wonder if this is some kind of strategy (Sue everybody, every day) that they are using to bolster their financial position due to the poor economy, and defaulting banks. HMMMMM!! Don't mind me my mind is just wandering.

Again

Thanks

[legal_loansharking]

It also appears Crap1 is getting faster at filing... Are you sure it has been 2 years ? Find out the exact payment, in Cap 1 cardhold agreement it states the agreement is goverened by Virginia state law and Federal Laws. That being the case the sol would be only 3 years.

My attorney said they cannot have it both ways, all of the interest, fees and conditions are outlined in the CH agreement as well as the SOL of Virginia.