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How do I show, in court, that the plaintiff is incorrect?

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I've been sued.

Capital One is named plaintiff but I called Capital One and they told me they no longer hold the account and it's been assigned to Peroutka & Peroutka.

Peroutka & Peroutka claim they represent plaintiff.

How do I get the court to recognize incorrect plaintiff?


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Regardless of who is suing you, to answer your question, you show the other side is wrong by legal arguments.

What you are questioning is standing. It's a question you should be asking. Look at it this way, you want the other side to not have standing. You want the wrong party suing you.

You are just at the beginning stages of this game/lawsuit. You will get all your answers (or you should or the case should be dismissed) via discovery. That is why you will find out just who has standing.

Phone calls and letters don't cut it. Legal is correct in that you don't talk to the other side, you talk to their attorney.

Look at it this way. If you get a speeding ticket from State Trooper (A) because State Trooper (A) was working the area State Trooper (B) usually works, because State Trooper (B) was sick.

Then at your speeding ticket trial State Trooper (B) shows up because State Trooper (A) saw you speeding and told State Trooper (B) you were speeding, are you upset.

Same thing here. The party with legal standing has to testify to the allegations. Don't worry about legal names. It will all come out. However, on a side note, Cap One has probably hired a law firm to sue you on their behalf, and as Legal said, when you called Cap One they directed you to their attorney.

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Guest usctrojanalum

What if I have a letter from law firm saying that they've been "assigned" by Cap One. Does that make them the assignee of the debt?

Yep, but not in the way you are thinking. Assigned can have a lot of different meanings, which confuses the heck out of people.

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in discovery you ask them to produce a copy of the debt assignment agreement or the contract they signed for the lawyer to represent them.

in order to create a valid legal assignment, the assignment requires all the underlying elements of a valid contract, including intent.[iv] Whether an assignment has occurred is ordinarily a question of fact for the trial court. Therefore, in Minnesota Mut. Life Ins. Co. v. Anderson, 1992 Minn. App. LEXIS 443, 7-8 (Minn. Ct. App. Apr. 29, 1992), the court held that the person assigning must have an intention to assign or transfer his/her rights related to a property or debt. The subject matter assigned must be specifically mentioned in the assignment so as to clearly identify it.

An assignment is the process of transferring responsibility and accountability. Delegation is the process by which responsibility and authority for performing a task or activity is transferred to another person. The consent of the third party contracting is not necessary in an assignment.[ii] In contrast, in delegation, the person to whom the task is transferred must accept that authority and responsibility.[iii] Assignment is related to the rights under a contract. However, “an obligor’s empowering of another to perform the obligor’s duty is known as a delegation of the performance of that duty.”[iv] Therefore, in Midland Mut. Life Ins. Co. v. Mercy Clinics, 579 N.W.2d 823, 833 (Iowa 1998), the court held that duties or liabilities under the contract were not assigned but delegated.

, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it

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According to Kristy Welsh,

"How to tell if Capital One (or indeed any credit card company) is NOT the real Plaintiff:

1. Look at past correspondence from the law firm. Does it say “This is communication from a debt collector” on it? If so, you can positively identify the law firm as the real Plaintiff.

2. How old is this debt? If it’s more than a year old, this is a red flag that the debt has been charged off. A phone call to the credit card company should confirm these suspicions."

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1. Look at past correspondence from the law firm. Does it say “This is communication from a debt collector” on it? If so, you can positively identify the law firm as the real Plaintiff

This is incorrect. The "mini miranda" is required by federal law for any document generated by a law firm that does collections work. You're wasting your time with this plaintiff stuff, concentrate on a defense.

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