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Help , being used by original creditor


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2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) weltman weinberg

3. How much are you being sued for? 2000

4. Who is the original creditor? (if not the Plaintiff) capital one is the plaintiff

5. How do you know you are being sued? (You were served, right?) served

6. How were you served? (Mail, In person, Notice on door)served

7. Was the service legal as required by your state? Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in? Michigan

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I paid last year so I'm definitely within sol

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just a 2010 agreement. I opened account 2009. Can't find a 2009 agreement elsewhere

I talked to the legal aid attorney and they basically said that since I'm being used by the original creditor. There's nothing I cannot do. I have 2 cards wth capital one that both defaulted because I lost my job. I just don't want to admit a debt that I'm not so sure is mine. I heard people can be used twice. Besides, they put a 2010 agreement when I signed up on 2009. , they are suing on an account stated case. But without an affidavit attached to the complaint, isn't it a good defense?

We are in the process of discovery. I just don't know what to send them for discovery request since they are the original creditor, and I've been seeing a lot of posts here saying, it would be tough to beat them so lay low. I'm unsure if I should send discovery request or bop.

I'm in the process of answering the interrogatories, req for admissions and req for producing of docs of plaintiffs.

I hope anybody has had any experience of dealing with this law firm for capital one in michigan and can give me some heads up.

Thank you so much guys,

god bless

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Hmm. Are you sure this is the original creditor suing you, that law firm is representing Cap1? Account Stated and them attaching a 2010 agreement when you say it was opened in 2009 sounds funny to me. Have you reviewed your credit report and the Cap1 tradeline to make sure it is still with them and has not been sold?

 

Be careful when answering interrogs, admissions and docs. You can give them info you don't have to that will hurt your case. You should post up the rogs, admissions and docs they are requesting.

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Bop's are only available in certain states .......... Michigan is not one of them. Sorry!

If they have sent you discovey ......... it's time to send them some of your own.

While I haven't personally dealt with Weltman, Weinberg & Reis I know that they a notorious collection firm.

Battling an OC is tough ........ although it can be done.

Post the ROG's, Admits and POD's they sent you and maybe some of the more knowledgeable members will help.

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DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

 

INTERROGATORY NO. 1

State your full name, address, and phone number.

 

ANSWER

DEFENDANT

 

INTERROGATORY NO. 2

State the names and addresses of all individuals who assisted you in the preparation of your responses to these Combined Interrogatories and Requests for Admissions.

 

ANSWER

None

 

INTERROGATORY NO. 3

State your Social Security Number

 

ANSWER

OBJECTION on the ground that Defendant's social security number is clearly irrelevant to the subject matter of this action

 

INTERROGATORY NO. 4.

State the name, address and telephone number of your present employer

 

ANSWER

Defendant is currently not employed

 

 

 

 

 

 

INTERROGATORY NO. 5

State the position you hold with your present employer

 

ANSWER

N/A Defendant is unemployed.

 

REQUEST FOR ADMISSION NO. 1

Admit that you made purchases with a Capital One Bank (USA) NA credit card with account number ending in 0015

 

ANSWER

The Defendant has no sufficient information on which a response can be made. Plaintiff has failed to adhere to MCR 2.113. No copy of a valid contract between the parties and Affidavit of Debt was attached to the complaint that will enable the Defendant to have accurate and sufficient information as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof.. The Defendant has made reasonable inquiry and has no literature or other documents upon which a response can be based. The information readily obtainable to the Defendant is deemed insufficient to either admit or deny this Request for Admissions. Defendant reserves the right to supplement this response should such information becomes available.

 

INTERROGATORY NO. 6

If your response to Request for Admission No.1 is anything other than an unqualified admission, please state with particularity the factual basis for your answer.

 

ANSWER

See Above.

 

REQUEST FOR ADMISSION NO. 2

Admit that you received monthly statements from Capital One Bank (USA) NA, requesting payment on the Capital One Bank (USA) NA account ending in 0015.

 

ANSWER

OBJECTION. Assumes facts not in evidence. No documentation has been provided as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. The request for information concerning the recipent of statements connected to the account is premature and beyond defendant's scope of knowledge. Certainly, plaintiff knows the contents of its own business records. Defendant reserves the right to supplement this response should such information becomes available.

 

INTERROGATORY NO. 7

If your response to Request for Admission No.2 is anything other than an unqualified admission, please state the basis for such denial.

 

ANSWER

See Above.

 

 

 

 

 

 

 

REQUEST FOR ADMISSION NO. 3

Admit that prior to commencement of the present lawsuit, you never objected to the balance or charges listed on the monthly statements provided by Capital One Bank (USA) NA

 

ANSWER

OBJECTION. Assumes facts not in evidence, specifically that defendant received the periodic statements. The burden of proof is on the plaintiff. Defendant reserves the right to supplement this response should such information becomes available.

 

INTERROGATORY NO. 8

If your response to Request for Admission No. 3, please state the dates and amounts of the balance objected to, and dates that you reported any objections to Capital One Bank (USA) NA.

 

ANSWER

See Above.

 

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1

Produce and attach all documents in your possessions, or obtainable by you, regarding the alleged objections

 

ANSWER

OBJECTION on grounds that it is seeking information that is prematurely given whereas the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving Defendant's objection, the Defendant upon completion of discovery with the Plaintiff will most definitely supply such facts to Plaintiff through discovery. Defendant reserves the right to update this response to this Request of Production of Documents at a later date should more information becomes available.

 

INTERROGATORY NO. 9

If you have ever made a payment on the Capital One Bank (USA) NA account number ending in 0015, state the date and amount of each payment and identify any documents or other evidence of each payment.

 

ANSWER

OBJECTION on the ground that it is overly broad, unduly burdensome and cumulative to the extent that it is seeking information and documents more readily and accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff's possession.

 

 

 

 

 

 

 

 

 

 

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2

Produce and attach any documents or other evidence in your possession, or obtainable by you regarding the payments listed in your Answer to Interrogatory No. 9

 

ANSWER

OBJECTION on the ground that it is overly broad, unduly burdensome and cumulative to the extent that it is seeking information and documents more readily and accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff's possession.

 

REQUEST FOR ADMISSION NO. 4

Admit that the balance remaining due and owing on the Capital One Bank (USA) NA account ending 0015 is 2000

 

ANSWER

OBJECTION. Calls for a legal conclusion connected to accuracy of the amount claimed, which is best left to the trier of fact, not the Defendant.

 

INTERROGATORY NO. 10

If your response to Request for Admission No. 3 is anything other than an unqualified admission, please state the basis of such denial, as well as the balance you believe is currently due and owing as well as the reason(s) why you believe such

 

ANSWER

See Above.

 

REQUEST FOR ADMISSION NO. 5

Admit that you have failed to make payments as required by the credit card agreement on said Capital One Bank (USA) NA account number ending in 0015

 

ANSWER

OBJECTION as no valid “credit card agreement” was appended to the complaint. Only a generic card member agreement was attached to the complaint which has no bearing to the account in question. Please refer to Defendant's Answer to complaint no. 1. Defendant reserves the right to supplement this response should such information becomes available.

 

INTERROGATORY NO. 11

If your response to Request for Admission No. 5 was anything other than an unqualified admission, please state with particularity the date,method of each payment, check number or money order number, and amount of each payment.

 

ANSWER

See above

 

 

 

 

 

 

 

REQUEST FOR ADMISSION NO. 6

Admit that the account statements accurately set forth each charge and payments on Capital One Bank (USA) NA credit card account bearing the account number ending in 0015.

 

ANSWER

OBJECTION on the ground that the phrase “account” is vague and ambiguous in that the complaint failed to attach any relevant “card agreement” or affidavit of debt that will enable the Defendant to have accurate and sufficient information as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant reserves the right to supplement this response should such information becomes available.

 

 

INTERROGATORY NO. 12

If your response to Request for Admission No. 6 was anything other than an unqualified admission, please state with particularity the date,method of each payment, check number or money order number, and amount of each payment.

 

ANSWER

OBJECTION. This discovery request has, in substance, been previously propounded. (See Interrogatory no. 11)

 

 

INTERROGATORY NO. 13

Identify by name, home and business address, and telephone number, every person you or your attorney may call as a witness at any trial or hearing in this matter (including yourself), together with an itemization of all factual or legal testimony you or your attorney may seek to elicit those witnesses and how those persons gained the information regarding the facts or law; and identify the contents of any evidence (including written materials or computer data), that you or your attorney may seek to introduce through those witnesses, or attach copies to your answers to these discovery requests

 

ANSWER

OBJECTION on grounds that it is seeking information that is prematurely given whereas the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving Defendant's objection, the Defendant upon completion of discovery with the Plaintiff will most definitely supply such facts to Plaintiff through discovery. Defendant reserves the right to update this response to this Response to this interrogatory at a later date should more information becomes available.

 

 

 

 

 

 

 

 

 

 

 

 

VERIFICATION OF ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION TO DEFENDANT

 

 

 

COUNTY OF _____________________

 

STATE OF ________________________

 

 

I, ____________________________, being first duly cautioned and sworn, according to law, depose and state that I have read and understand the foregoing set of interrogatories, request for admissions and request for production, an that the answer to those interrogatories, request for admissions and request for productionand the facts stated therein are true to the best of my knowledge and belief.

 

 

 

 

______________________________________

Defendant in Pro Per

 

Sworn to and subscribed before me in my presence this _________day of __________,20________.

 

 

 

 

 

_______________________________________
Notary Public

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