Attorney Filed Motion without sending me a copy. What do I do now?

[celodea]

My trial is in 8 days. I just found out that the attorney representing Cap1 filed a motion 3 months ago to ask the court to be excused from bringing a person to represent Cap1, called it Introduction of Business Records. What do I do now? Attorney never sent me a copy of this Am I filing a motion or what?

[beatcapital1&lrlo]

Had that happen to me to. Some courts have lawyers that help pro per litigants w.minor issues. Therefore, you may want to check w/the court or go to naca's website to see if one can help you file an opposition if you still have time on the cheap. I've seen excusable neglect motions win almost every time in Ca.

Find out if you can still subpoena them?

Also, you probably want to let the other side know that they must send you all future communications certified mail/return receipt. Who is to say they won't try and pull this off again, especially since trial is coming soon.

Good luck---

Not an attorney. For legal advice, seek a competent attorney.

Give blood. Sue a junk debt buyer.

[celodea]

I'm getting very nervous because of have 8" of material that I've printed and have to search thru to organize what I say at this trial on the 21st. I tried contacting a consumer rights atty but can't get an appointment till end of week. Because I know that Cap One (or their atty) want to be excused from bringing in someone, do I contact the attorney's office by letter and send something (and what) to the court? Need to do this asap I guess.

[beatcapital1&lrlo]

Check the Maryland legal aid center. Contact info:

* Anne Arundel County, 229 Hanover St., Annapolis, MD 21401; (410) 972-2700 , (800) 666-8330

* Baltimore City, 500 E. Lexington St., Baltimore MD 21202; (410) 951-7777, (800) 999-8904

* Cherry Hill Neighborhood Ctr., 606 Cherry Hill Rd., Balto., MD 21225; (410) 355-4223

* Baltimore County, 29 W. Susquehanna Ave., Suite 305, Towson MD 21204; (410) 427-1800, (877) 878-5920

* Lower Eastern Shore (Wicomico, Dorchester, Worcester, Somerset), 111 High St., Salisbury MD 21801; (410) 546-5511, (800) 444-4099

* Metropolitan Maryland (Prince George's), 6811 Kenilworth Ave., Suite 500, Riverdale MD 20737; (301) 560-2100, (888) 215-5316

* Metropolitan Maryland (Montgomery), 51 Monroe St., Suite 1200, Rockville, MD 20850; (240) 314-0373, (888) 215-5316

* Metropolitan Maryland (Howard), 3451 Court House Dr., Ellicott City MD 21043; (410) 480-1057

* Midwestern Maryland (Frederick, Carroll & Washington), 22 S. Market St., Frederick MD 21701; (301) 694-7414, (800) 679-8813

* Northeastern Maryland (Harford, Cecil), 103 South Hickory Avenue, Bel Air MD 21014; (410) 836-8202 (Harford), (410) 879-3755 (Baltimore), (800) 444-9529

* Southern Maryland (Charles, St. Mary's & Calvert), 15364 Prince Frederick Rd., Hughesville MD 20637; (301) 932-6661, (877) 310-1810

* Upper Eastern Shore (Queen Anne's, Caroline, Kent & Talbot), Tred Avon Square, Suite 3, Easton MD 21601; (410) 763-9676, (800) 477-2543

* Western Maryland (Allegany & Garrett), 110 Greene St., Cumberland MD 21502; (301) 777-7474, (866) 389-5243

Not legal advice. Not an attorney. For competent advice, speak to an attorney.

[celodea]

Went to District Court this a.m. and spoke with an attorney in the Self-Help Center. She was very helpful but thought I bit off more than I could chew. She gave me a copy of the ruling for authenticity, and said if the judge doesn't over-rule it then I have a strong foot hold to begin with. She cringed when I told her I had initially contacted a debt solutions company ... so, I have a consultation with a consumer rights attorney tomorrow afternoon. You really need to "pick" through their words in the complaint and find the rulings. I was getting over-whelmed with the MD Local Rules, Fed Rules of Evidence, Fed Rules of Civil Procedure, etc. and these documents are many, many pages long. So, I'll see what this attorney says tomorrow. You really do need "time" to put together a strong case.

[bluesmap]

has the motion been ruled on?

i would oppose the motion and say that you need to be able to cross-examine the person who is supposed to be there. if you cant cross examine them then you wont be able to validate the document being offered as evidence.

now, the reason they may be doing this is if the person is in another state, etc and cant travel to your state. that's one possibility but its only one of many assumptions

what documents are they trying to enter into evidence? have they provided you with all the documents they intend to use in court?

if not ask for continuance/adjournment

[celodea]

They filed a "Notice of Intention to Offer Certified Records of Regularly Conducted Business Activity" pursuant to Rule 5-902( and goes on to say that the Plaintiff gives notice of their intent to offer the attached certified business records into evidence. However, there was nothing attached to that document in the file.

I'm getting so overwhelmed with all this so I went to a consumer rights attorney last Thursday. She told me to file bankruptcy. She said it was with the original creditor, Capital One, and they keep all of their records. If it were a JDB, she would help me. Now I feel like a scum bag!

My trial is Tuesday a.m. and I was going to tell the judge that I need an attorney and to ask for a postponement. I don't know how to do these motions or how to put this together. I'm hoping and praying that they don't show up Tuesday a.m.

[celodea]

My trial was postponed for 60 days so I could find a lawyer to represent me.

Nothing has been ruled on. The affiant is in Virginia where Cap One is located, and does not have a direct phone number or email at Cap One, but is on their list of employees. I did, however, find her home address and telephone number in Richmond... hmmm. She is suppose to be their Litigation Support Representative.