GCW Posted November 28, 2009 Report Share Posted November 28, 2009 Here is the short version:Sued by cap One Attorny.Filed answerwe moved to another county, filed address change with Att and courtnothing for awhilefind out via phone call to court they filed ammended complaint. ( never got copy due to move)on advice from here I filed motion to quash with court date for Jantoday I get a notice to consumer or employee and objections, Cap one wants my bank with my car loan to provide them info on my last 3 electronic payments, like they want my banking info? They have till DEC 5 to respond.I have until 5 days prior to object and notify them, I just got this in today mail. They mailed it to my old address and if forwarded. Get this, its dated NOV 5 but postmarked NOV 20.SO what do I do and how do I do it, and fast???I live over 4 hours from the court so going there not an option.Also, I have received no notice of default judgement or anything. HELP!!!! Link to comment Share on other sites More sharing options...
trueq Posted November 28, 2009 Report Share Posted November 28, 2009 That relieves the constant court date burden. And puts Cap1 in a legal vice. Link to comment Share on other sites More sharing options...
GCW Posted November 28, 2009 Author Report Share Posted November 28, 2009 Fast reply, thanks!!This is exactly what I want to do, how do I do it? I have a motion to quash service pending based on the address change. How do I stop this bank deal?Also, I cant find out until monday as the court is not online if they somehow got a default judgement based on them thinking they served me and did not.Thanks again and thanks in advance for the continued advice Link to comment Share on other sites More sharing options...
trueq Posted November 28, 2009 Report Share Posted November 28, 2009 http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=1027530&postcount=11CAUTION: This has been known to throw debt lawyers into fits of rage!So be prepared to swing the stick with a motion to compel for the really learning impaired debt lawyer bar association.If they threaten further litigation in any manner after doing this...they violate FDCPA.I got a doozy of a case against debt lawyer and law firm for litigating in face of court order to arbitrate.It is glorious. Link to comment Share on other sites More sharing options...
GCW Posted November 29, 2009 Author Report Share Posted November 29, 2009 I love it, in Mondays mail. Thanks again.Question: How do I object to the request they made to my car finance bank or does this trump it? Link to comment Share on other sites More sharing options...
trueq Posted November 29, 2009 Report Share Posted November 29, 2009 Objection. The arbitration clause in this case has been exercised. Pursuant to the underlying clause, we have not arrived at an arbitration discovery agreement yet. Link to comment Share on other sites More sharing options...
GCW Posted November 29, 2009 Author Report Share Posted November 29, 2009 Excellent, thanks again. After I resolve this I buy the beer.Thanks again, now I can sleep tonight! Link to comment Share on other sites More sharing options...
trueq Posted November 29, 2009 Report Share Posted November 29, 2009 You were awake with worry, stress, and passed on consortium because of your worry. Link to comment Share on other sites More sharing options...
GAMtgGuy Posted November 29, 2009 Report Share Posted November 29, 2009 You were awake with worry, stress, and passed on consortium because of your worry.Just woke my wife up LMAO to this one! Link to comment Share on other sites More sharing options...
GCW Posted November 29, 2009 Author Report Share Posted November 29, 2009 I also need help with the motion to quash the subpoena, not sure what to write there.thanks Link to comment Share on other sites More sharing options...
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