Affirmative Defenses Against Capital One

[Rizzic12]

I know every case is different and every approach should be different, but I am currently being sued by the OC and would like to see a couple of other peoples answer to complaint before filling mine - specifically the defenses and counter claims. Any assistance would be of great assistance.

 

Thank you for any help!

[Clydesmom]

It isn't as simple as that.  Each state's rules of civil procedure are different even if they appear the same on the surface.  Your best option is to go online to their docket and search for a case where someone did answer a Cap1 suit and read a few of those.  

 

If you are that unsure you can also see if legal aid will help you or if a local law school has a clinic with a low or no fee for pro-se defendants.

[Credator]

I have not found counter-claims with OCs until well into motion practice and/or discovery. Adding them later will likely require reviewing and determining how to handle compulsory vs. non-compulsory claims. I do like to use affirmative defenses.

 

Researching other OC cases in the court where the lawsuit was filed would probably be enlightening and likely depressing since there are probably many default judgments. If I found a winning consumer attorney in the docket I would probably want to give them a call as well as have a copy of some of their court filings to review. I don't recall finding much at my court for attorneys representing consumers against OCs.

 

From my experience OC cases are each unique and I would likely have to approach my next one different than previous ones. Even in the same jurisdiction it is likely to be like dancing with a bear (so I hear), and every dance is different.

 

I have not compelled arbitration (not a fan of arbitration) on an OC lawsuit but depending on the specific circumstances I might do so in the future. Defending an OC is a tough and dynamic effort.

 

Best of success to the OP.