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Being sued by Capital One in California - LRLO


malfets6
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Hi, I'm new to the forum, although I've read many of the posts and they have helped tremendously.  I was sued by Capital One Bank (USA) NA back in Sept. 2011 for a debt that went rouge.  I stopped paying on this and many other credit cards cause I was drowning (paying min. due with other cards!) and needed help.  So, I called Freedom Debt Solutions and they told me to stop paying on my cards so that they could negotiate with my creditors.  They didn't do as promised, so I pulled out and decided to do it myself.  To my dismay, it was not as easy as it sounded.  I stopped paying on these debts in Feb-March 2009, which makes almost 4 years since last payment.  As I mentioned before, Cap One decided to bring a lawsuit in Sept. 2011, so I started looking for a lawyer.  Found one and have been working with him to get this dismissed. My problem is that he hasn't done enough, in my opinion, and I'm afraid i'll end up paying not only for the lawyer, but also on this lawsuit.  The approach that we've (lawyer and I) taken is to deny, deny, deny.  Cap One can't prove a damn thing, and I've never admitted to even having this debt.  So, here we are, Plaintiff has filed Notice requesting and requiring parties to attend trial - me, CCP 96 Witness and Evidence Request filed, and Declaration of Plaintiff in Lieu of Personal Testimony at Trial (which is a 100 page document).  My lawyer tells me that he hasn't seen the affiant in court in 7 years and isn't an agent of Cap One, although a mere employee with no authority to validate these documents.  We don't even know if this is her address.  My court date is March 15 and my lawyer is hoping that sending a subpoena to this witness will scare them off, or they may try to make an example of me (my damn luck!).  I feel helpless leaving this up to the lawyer, and I'm only partially confident in his ability to represent me.  I just hope my lawyer and I will be the only one to show for the trial.  Any suggestions?

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Make certain your attorney serves a subpoena on the CCP 98 declarant, the person who made the declaration in lieu of testimony at trial, at the address listed in the declaration(that must be within 150 miles of the court) where the declarant says under penalty of perjury that they will be available for process of service for 20 days prior to trial.  Your attorney is more that likely correct in that the witness will not show and even if they do, as your attorney said, with proper questioning the witness can be discredited.

 

They will call you to the stand to try and get you to authenticate their records, "I do not recall" is always a good answer!

 

Good luck,

 

rt 

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Thanks! My lawyer is likely to counsel me before the trial. Just that I'm pissed that it's still on the docket when LRLO should have dismissed.  The debt was originally $2200!  Not even worth putting thousand$ in lawyer, docs, and court fees! These people are animals!  What's even more insane is that, after looking through tons of other suits that Cap One filed, almost 85% end up in summary judgement or dismissed due to bankruptcy! What a bunch of boobs!

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By any chance did you keep recieving 3 month statements from Crap1? Once you stop paying they combine the statements over 3 month timespan. If so do the statements have a line on them that says court costs? Let me know, because they are not allowed to do that.

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Hi, I'm new to the forum, although I've read many of the posts and they have helped tremendously.  I was sued by Capital One Bank (USA) NA back in Sept. 2011 for a debt that went rouge.  I stopped paying on this and many other credit cards cause I was drowning (paying min. due with other cards!) and needed help.  So, I called Freedom Debt Solutions and they told me to stop paying on my cards so that they could negotiate with my creditors.  They didn't do as promised, so I pulled out and decided to do it myself.  To my dismay, it was not as easy as it sounded.  I stopped paying on these debts in Feb-March 2009, which makes almost 4 years since last payment.  As I mentioned before, Cap One decided to bring a lawsuit in Sept. 2011, so I started looking for a lawyer.  Found one and have been working with him to get this dismissed. My problem is that he hasn't done enough, in my opinion, and I'm afraid i'll end up paying not only for the lawyer, but also on this lawsuit.  The approach that we've (lawyer and I) taken is to deny, deny, deny.  Cap One can't prove a damn thing, and I've never admitted to even having this debt.  So, here we are, Plaintiff has filed Notice requesting and requiring parties to attend trial - me, CCP 96 Witness and Evidence Request filed, and Declaration of Plaintiff in Lieu of Personal Testimony at Trial (which is a 100 page document).  My lawyer tells me that he hasn't seen the affiant in court in 7 years and isn't an agent of Cap One, although a mere employee with no authority to validate these documents.  We don't even know if this is her address.  My court date is March 15 and my lawyer is hoping that sending a subpoena to this witness will scare them off, or they may try to make an example of me (my damn luck!).  I feel helpless leaving this up to the lawyer, and I'm only partially confident in his ability to represent me.  I just hope my lawyer and I will be the only one to show for the trial.  Any suggestions?

Is their witness Wandi Chamberlin?

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Why, yes it is.  Like I said, lawyer said he hasn't seen her in a courtroom in 7 years and she lives in VA.  He actually told me this during our first conversation, that the only leg they have to stand on is if they get a Cap1 agent to personally testify and they're not going to send someone out from VA for one day.  The only reason I'm wavering is that he asked me if I wanted to settle. I told him, Hell no! I denied ever having the debt! He then said he'd subpoena Wandi and hope they'll drop the case before the trial. It's less than 20 days away and he hasn't sent anything to the court. I thought having a lawyer represent me would send the Plaintiff running, but they're still trying.

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Forgot to say (editor won't let me add text!) that they didn't dismiss before trial. We both showed up for my trial and the lawyer approached me and asked if I wanted to settle. The second I told him no, he told me he was going to dismiss. Tell your lawyer to not settle. Watch them dismiss it.

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Thanks for the confidence, HotWheels96!  I've paid my lawyer enough $ so he is going to handle LRLO. I was pizzed when my lawyer asked me if I wanted to settle! Not after he said my chances were good that they would dismiss.  So, they get you to the courtroom and intimidate you to try to get you to settle, you say no and they're done because they can't put anymore effort or money into fighting it.  I keep telling myself that they are a collection agency with really expensive employees.

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