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Is there any way to get a debt validated AFTER being sued?


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This is the rule for discovery in my small claims court:

Discovery may be had in a manner generally pursuant to the rules governing any other civil action, but only upon the approval of the court and under such limitations as may be specified. The court should grant discovery only upon notice and good cause shown and should limit such action to the necessities of the case.

Does this mean I can ask for discovery once the hearing starts?

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That's going to be dependent on how Indiana runs things. Here, I would have to file a motion requesting leave to conduct discovery in small claims. In district court here, discovery can be propounded any time without leave of the court. A majority of states are going to be at least somewhat similar. There's also a decent chance that you have a right to appeal to a higher court for a trial de novo where the higher court hears the case as though the small claims case never happened. You may need to plan on doing something like that, especially if you are dealing with a JDB.

I personally do not like the idea of a court with limited discovery that you have to ask for. If I got taken to small claims over something like CC debt, I would be looking for a way to get it removed to higher court. Especially since small claims in my district is the only district in the state where an appeal is NOT a trial de novo.

BTW, BTO is in your state and he will probably have some more definitive answers for you.

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You won't be in court during the Discovery phase (unless there are oral arguments for motions).

It's a period of time dictated by your Rules of Civil Procedure where you and the Plaintiff in your case exchange questions and documents concerning the elements of the case.

Discovery is a two way street.

You can ask them questions and ask to see their evidence against you but ....... they will also propound discovery on you ........ usually to trick you to proving their case for them. However ..... you can use discovery to paint Plaintiff into a corner and win your case with a strategic use of discovery.

There are lots of posts on this board concerning discovery and the search engine is your friend regarding that.

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Folks, my head is spinning.

I am being sued by a law firm that says they're representing CapOne. The summons I was originally served with also had NCO Financial Systems on there as well.

My court date is Wednesday. I have filed an MTS for the affidavit of debt and an MTD. That hearing is at the same time.

What I'd really like to know is what the hell to do when I get there. What should I take in....what do I even say?

What happens if I find out they ARE the OC and they have all the proof they need? I am worried that I'm going to make a fool of myself.

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I am worried that I'm going to make a fool of myself.

Don't worry about that. Assuming you can stand without grabbing your crotch every five seconds, are at least no more than a .05 on a breathalyzer, can say more than, "you know what I mean," "huh," "that's what my old man or old woman told me," yell "LIAR" every time the other party talks, say "what" when you don't hear the judge and don't ask the judge for a five minute recess so you can "go take a leak," you'll be fine.

I must say, I don't envy the position of you showing up to court and not knowing if you're facing an original creditor or a junk debt buyer. That is probably some pretty good information to know, before you get to court.

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Don't worry about that. Assuming you can stand without grabbing your crotch every five seconds, are at least no more than a .05 on a breathalyzer, can say more than, "you know what I mean," "huh," "that's what my old man or old woman told me," yell "LIAR" every time the other party talks, say "what" when you don't hear the judge and don't ask the judge for a five minute recess so you can "go take a leak," you'll be fine.

I must say, I don't envy the position of you showing up to court and not knowing if you're facing an original creditor or a junk debt buyer. That is probably some pretty good information to know, before you get to court.

Here is why I am confused:

They say they are representing Capital One. However, everything smacks of JDB.

1. The original evidence they put forward is an unauthentic affidavit of debt (not notarized) and a generic customer agreement.

2. Just Friday, they responded to my Motion to Strike and Dismiss. In this motion they stated: "3. The Plaintiff in this case is the original creditor and thus does not have to file anything showing it has authority to collect this debt."

3. Also in the above response, they went ahead and attached two photocopies of statements. They only show interest charges and no action on my end. The address on the statement is my parents' house and I never even lived there during the time period of the alleged debt. However, it is the address where I was served....seems quite the coincidence.

4. I looked up the case history of the lawyers assigned to my case. They filed about 20-25 cases on the same day as mine. I'd say 90% of them are either Capital One or Midland Funding.

So, when I go to court, is it my best option to say something to the effect of: "Your honor, I am not trying to dodge what would be my responsibility to pay, but I would like to know for sure this is my debt, and if it is my debt, I want to know that these people are the ones that have the right to collect my debt."

Is this even close to right?

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Okay, I have a friend who is the Prosecutor in the court where I am being sued. He spoke with the judge about the law firm and said they check out. The judge said the lawyer dealing with the case is "very reasonable." My lawyer friend texted me and said "just show up and try to get it worked out."

Since I don't know for sure if this is CapOne or a JDB, is this my best option? How do I make sure that this will make a positive change to my credit report?

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Crap1 affidavits are very sloppy. The last one that I read, the affiant never even stated that he ws an employee of Crap1 or a subsidiary of Crap1. He just said that he was an authorized agent or some such bunk. Crap1 is sloppy in general. They file far too many lawsuits to do things right. Also, one thing that happens is that an OC will send an account to a CA (without selling it) and the CA will send the account to the attorneys without any input from Crap1. The best advice that I can give is to assume that it really is Crap1 until you have some hard evidence stating otherwise.

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Yeah, that's exactly what my affidavit said. Cap1 hasn't sold it off, just charged it off. So, I do think that it's Cap1, but they "gave" it to someone else..

I still think they would have trouble proving it, or at least they haven't shown me anything yet. I just think it would be easier/safer to settle when I get there.

I feel like a chicken giving up.

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Don't worry about that. Assuming you can stand without grabbing your crotch every five seconds, are at least no more than a .05 on a breathalyzer, can say more than, "you know what I mean," "huh," "that's what my old man or old woman told me," yell "LIAR" every time the other party talks, say "what" when you don't hear the judge and don't ask the judge for a five minute recess so you can "go take a leak," you'll be fine.

I must say, I don't envy the position of you showing up to court and not knowing if you're facing an original creditor or a junk debt buyer. That is probably some pretty good information to know, before you get to court.

:LolPointUp: good to know, I have that movie on my netflix list :)

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Yeah, that's exactly what my affidavit said. Cap1 hasn't sold it off, just charged it off. So, I do think that it's Cap1, but they "gave" it to someone else..

I still think they would have trouble proving it, or at least they haven't shown me anything yet. I just think it would be easier/safer to settle when I get there.

I feel like a chicken giving up.

Unless it really is owned by a JDB claiming to be Crap1, Crap1 will have an easier time proving that they own it as they will proving the rest of their case. Unless you have some hard facts showing otherwise going down this road is a bad idea.

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Bumping....trial tomorrow. Anyone have alternate opinions? How can I tell if this firm is working for a collector and saying it's for Cap1? Are they going to have the proof in court tomorrow, because they haven't shown good proof yet.

Also, I have a motion to dismiss hearing....should I choose to settle, what happens with the motion?

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