tator Posted November 7, 2012 Report Share Posted November 7, 2012 (edited) . Edited November 7, 2012 by tator Link to comment Share on other sites More sharing options...
WhoCares1000 Posted November 7, 2012 Report Share Posted November 7, 2012 How do you know what that folder contained. Did he show you the papers or a folder full of papers. I can take a folder full of papers and make a claim too. That does not mean the folder contains those papers. Also, did the folder contain an affidavit from Cap One regarding their business records?There is no real discovery in small claims. One side gives their case and the other side gives their case and the judge decides. Somewhat like Judge Judy without the attitude and on the spot judgement really.The question is, what do you have to lose by going to trial? They already filed their case so they lost that threat. You can either call the lawyers bluff by going to trial or fold and pay. I would have told the lawyer that I have not seen the proof as of yet and hence, I claim the account is not mine and hence, there is a trialable issue for the judge to decide. Link to comment Share on other sites More sharing options...
tator Posted November 7, 2012 Author Report Share Posted November 7, 2012 (edited) . Edited November 7, 2012 by tator Link to comment Share on other sites More sharing options...
1stStep Posted November 7, 2012 Report Share Posted November 7, 2012 So he's got statements... BFD!!!!Unless he can get someone from CapOne (the original creditor) to confirm their authenticity, you just point out they are hearsay, and possibly even forged (I can make CapOne statements at home). Also point out that there is no proof the PRA even own the account... if there was, they'd provide a bill of sale. Hold out and make them fly someone in from Virginia... chances are, it'll cost more than the alleged debt. Link to comment Share on other sites More sharing options...
Recommended Posts