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Cap 1, Is this true?


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I'm being sued by a CA representing Cap 1 and the court date is soon. Is it true that since Cap 1 is the plaintiff that if no representative from Cap 1 is there I can object and everything the CA alleges would be hearsay? Also I know only a few charges are actually mine and majority are not, Should I deny it all? I'm afraid if I admit the 3 or so charges on there as mine that I'll end up being screwed for the whole debt. If I deny it all and they prove the charges will I get in trouble?

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Trouble as in arrested? No.

Trouble as in judgment against you? Depends...

Cap1 will attempt to introduce records as part of an exemption to hearsay called business records exemption.

The way around it is to demand authentication of the records. They may or may not provide it - check your rules of civil procedure, or rules of evidence to be sure.

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If capital one is a plaintiff, they should have an affidavit or someone from cap1 show up in person to testify as to the records.

That is what I thought. On the complain I was served there was NO affdavit attached or contract attached, and complaint is saying I breached a contract.

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Generally speaking, if Cap One is suing and they go to trial, they have the evidence, in admissible form, to win.

The case is not really won or lost at the trial. That just makes it official. The case is won and lost in pre-trail hearings and discovery. That is where you get their alleged evidence and then attack that evidence.

If you are or have just hung until the trial date, then you're probably going to lose if there is actually a trial.

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Pennsylvania Code

This is for the Rules of Evidence above.

(h) When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written.

Official Note:

If the agreement is in writing, it must be attached to the pleading. See subdivisioni (i) of this rule.

This is from the Rules of Procedure, here:

231 Pa. Code Rule 1019. Contents of Pleadings. General and Specific Averments.

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