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Capital One Lawsuit against me...Help Anyone???

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I have a lawsuit against me from Capital One Bank Card. I answered their lawsuit paperwork and replied with it was out of statute of limitations which it wasn't but also requested proof of ownership. They sent back copies of a couple statements but no original signed contract. Looks like they sent me other copies of the contract but nothing where I signed. They also answered back with interrogatories for me which are 7 questions. Do I have a leg to stand on? Should I request a copy of the original signed contract? HELP. I already lost my home, car and many other things and currently not working. With hope or a loop hole, Mark

This is a response I got back from someone online. Can some one please help me???

"1)did you send the first validation within the 30 days?

2)do you live in king county?

if the answer to the first question is yes,then check with your court clerk to see if this is legit.if so then this bottom feeder violated the FDCPA.if it is not legit then they still violated the FDCPA.if it is legit then go to NACA.NET and find a consumer attorney that will counter sue them. Again if validation was requested within the 30 days they violated the FDCPA,and should be sued for that because any collection activity after validation was requested is a violation,and either filing suit,or send in a letter saying you did is collection activity first things first check with your court clerk to see if suit was filed because they have to sue in your county."


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Respond to their interrogatories with CAUTION. You have 30 days from the date of receipt to reply. If you don't respond they can motion to deem them admitted. Read stickies on this website on how to answer without incriminating yourself. You will also find samples of Admissions and Interrogatories that you can prepare and send to the plaintiff. Read, read, read this website for help. Many of your answers can be found here. Also, search on dogpile.com for samples as well. If you are in California, you will need to prepare both your responses and your own admissions and interrogatories to the plaintiff on Pleading Paper. You can download it from the web. Just google or dogpile "pleading paper". Search civil cases on your court website. I spend days doing this until I found useful cases. I went down their and reviewed the case files and then paid for copies to take with me that would help to prepare motions, declarations, and memorandums in support. You can do it too, but it takes hours of research. In addition, I purchased a book from Barnes & Noble called "Win Your Lawsuit" by Judge Roderic Duncan.

Here are some useful links: http://www.courtinfo.ca.gov/programs/equalaccess/contracts.htm

Here is where you can search for forms. There also appears to be forms for discovery too. Please review them at: http://www.courtinfo.ca.gov/forms/

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