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Sued by Capital One via Attorney in California


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Received a 30 day summons for credit card debt. Answered summons with a general denial and asking for a bill of particulars. Lawyer for Capital One responded by sending me the most recent 3 yrs of statements and no written contract or agreements. I received them on day 17. They were required to answer by day 15, but I understand that a judge will not deem it invalid and inadmissible due to this. It has been about 2 weeks since I received their incomplete bill of particulars. This is taking place in San Mateo County California. What should I do next? Should I send them a request for a supplemental BOP stating that the BOP they provided is incomplete and that I plan on requesting that evidence be withheld at trial? The amount owed according to them is just over $3000. Where do I go from here and what are my chances? Trying to keep my explanation simple, but if you need more info please ask. Thanks in advance.

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Burden of Proof is on them -  serve them CCP 96  --- check on ASTMedic's thread (winning your case A-Z) and SkippyB ---in particular Sandra Pacheco's case in San Mateo (can access file online - it is free!  Almost guaranteed they will dismiss your case).  Who is the attorney for the plaintiff?  Mine was Hunt & Henriques -- two cases dismissed

 

Wish you the best

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Received a 30 day summons for credit card debt. Answered summons with a general denial and asking for a bill of particulars. Lawyer for Capital One responded by sending me the most recent 3 yrs of statements and no written contract or agreements. I received them on day 17. They were required to answer by day 15, but I understand that a judge will not deem it invalid and inadmissible due to this. It has been about 2 weeks since I received their incomplete bill of particulars. This is taking place in San Mateo County California. What should I do next? Should I send them a request for a supplemental BOP stating that the BOP they provided is incomplete and that I plan on requesting that evidence be withheld at trial? The amount owed according to them is just over $3000. Where do I go from here and what are my chances? Trying to keep my explanation simple, but if you need more info please ask. Thanks in advance.

Hi there, your chances are great for a win. My case was just dismissed. I can message you all my documents if you like. It was with Crap 1. Let me know it is a strategy by Seadragon. He is such a help as I can not take credit for writing these, I know he won't mind me sharing.

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Received a 30 day summons for credit card debt. Answered summons with a general denial and asking for a bill of particulars. Lawyer for Capital One responded by sending me the most recent 3 yrs of statements and no written contract or agreements. I received them on day 17. They were required to answer by day 15, but I understand that a judge will not deem it invalid and inadmissible due to this. It has been about 2 weeks since I received their incomplete bill of particulars. This is taking place in San Mateo County California. What should I do next? Should I send them a request for a supplemental BOP stating that the BOP they provided is incomplete and that I plan on requesting that evidence be withheld at trial? The amount owed according to them is just over $3000. Where do I go from here and what are my chances? Trying to keep my explanation simple, but if you need more info please ask. Thanks in advance.

 

When was the account opened (if you know)?  If more than 3 years ago, I would write a meet and confer letter telling plaintiff that it has not provided the full account.  You want all statements from inception to alleged default.  That way you can calculate the SOL as well as the amount claimed in the complaint.

 

I would not push the contract as far as the BOP is concerned.  CCP 454 requires plaintiff to produce the items of the account.  I would ask for the contact in a separate document request.

 

Good luck.

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Thanks for all advice so far. So. Should I forget about requesting a supplement to the BOP since it was incomplete? I thought that was my next step. It has been 3 wks since I received their incomplete BOP. The account is from the year 2000 so they are missing  a lot. No signed contract, but the last 3 yrs of statements showing debits/credits. What do I expect next? If I don't ask for a further bop then what is my next step? Discovery on them? Not sure what to ask in discovery. Hunt and Henriques is the attorney for capital one. I understand I will need to serve them CCP96 close to the trial date as mentioned in one response, but I haven't even got a trial date yet. They haven't sent me any discovery requests yet.  

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