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Hi all,

 

I've done a bunch of reading here but am overwhelmed so I'm going to put my story on here and if anyone has advice I'd be very grateful!

 

Served in April 2014 by a local law firm and listing Capital One as the plaintiff.  The law firm listed their disclaimers that they are a collection agency.  I answered on time and denied the claims.  About two weeks later I sent in a Req for Production asking for contract, terms of agreement, all statements, and payments made.  The law firm responded with a copy of the contract and terms, all statements which also show payments, and a printout of what they claim to be the online application.  That printout basically shows my personal info, not a contract.  The debt is appx $10k and was charged off 9/2013.  And 90% of the debt came over as a balance xfer about 5 years ago.  The previous card company closed a few years ago.

 

I cannot determine if this law firm owns the debt or is representing C1.  They had access to all that information, but looking at the law firm website they claim to have invested a big amount of $$ into some computer system that is able to pull that kind of information from somewhere.  I'd like to know if they own the debt or C1 still does.

 

This is the point of the process I am now.  No updates from the court yet.  I'm thinking of filing a continuance to get more time to look everything over in close detail and do anything else that may be to my benefit.

 

What should I do next?  Can I challenge that they do not have specific knowledge of the debt?  Ask for more info if anything I missed?  Total newbie with this and want to do things right to win if possible.

 

Thanks in advance!!

 

 

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@H2SUT

 

Usually, a law firm merely represents a plaintiff. 

 

If Cap1 is reporting on your credit report, does it show the account as "sold" or "transferred"?   Or is it just charged-off?

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Yes Cap1 is reporting on my credit report and shows charged off, not sold or transferred.  Unless that's not up to date.

 

One clarification, I have filed an appearance but not an answer yet as I received the production request packet about a week ago.  Assuming this is the correct path.

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Cap one usually tries to sue before they sell debt, so it is likely they are the Plaintiff. It is part of their business plan.

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I have been served by Capital One with a notice to Appear for Pretrial Conference on a Credit Card.

I have 9 days before the court date!  What do I do?  I am clueless Help!!

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Going up against an OC is difficult.  Read this case where a CT Appeals Court reversed summary judgment from an OC (American Express) because of discrepancies in the documents they submitted.  I would go over all the documents they sent you, looking for errors.  Demand a trial, question witnesses,make them have to fight.

 

http://scholar.google.com/scholar_case?case=15170221821185364859&hl=en&as_sdt=8005&sciodt=4,7

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I would also go to one of these state law libraries and familiarize yourself with CT civil practice and procedure.  You can't ask a librarian for legal advice, but you can ask for information. Say your're a paralegal student and your assignment is how to prepare for a pretrial conference.

 

http://www.jud.ct.gov/lawlib/staff.htm

 

 

It might even be better if you went to a law school library, such as the U of CT Law School, etc.  Although they are told not to give legal advice, some law students, depending on how you ask them and how they feel, have been known to help pro se litigants. 

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You can't ask a librarian for legal advice, but you can ask for information. 

 

 

Although they are told not to give legal advice, some law students, depending on how you ask them and how they feel, have been known to help pro se litigants. 

 

"I know you can't give legal advice, but if you could what would you do in this situation?" 

 

This works over 50% of the time for me. Be polite and professional and most people will be happy to help you out. Your odds will be even better on law students, legal interns and young attorneys. Many will be willing to share their knowledge with you if they think you are putting in the effort. Ask two or three people the same questions to make sure you are getting the best advice. I've "heard" that sometimes it even works on judges xtookewlx , although I don't suggest getting this aggressive until you are more experienced. You never know until you try.

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. You never know until you try.

 

That is great advice for life in general.  So many people never will know because they never will try.  And sometimes, in life, you have to try, and try, and try and try again

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Ok thank you all for the info!  

 

My immediate question for now is this - since I responded to the complaint with an appearance and did not yet file any answer, since I was waiting for Production, do I need to file an answer now?  

 

If so is there a time constraint from the time I received Production?  Should I file a continuance just to be safe and go over everything in minutia??

 

I don't want them to say I didn't answer the complaint.

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This guide was prepared by the law library staff.  It references various CT legal materials and there is even a section on debt collection defense.  I really do think you should visit one of those state law libraries I referenced in post no.7.  There is a wealth of information available there, and it seems like the staff in the state law libraries are helpful.

 

DF]

Answer, Special Defense, Counterclaim and Setoff to a Civil ...
www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Answer.pdf
  •  
Connecticut
 
This guide also links to court rules, statutes, cases, and forms available online. If you are ..... Civil Litigation In Connecticut: Anatomy of a Lawsuit, by Kimberly A.

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You must file your answer within 30 days from the date on the summons.  

 

http://www.jud.ct.gov/forms/grouped/civil/respond_suit.htm

 

The plaintiff filed a continuance to fill my request for production which was granted.  I did not file an answer within 30 days of the return date because I was waiting for the production to be able to make a decision on my answer.  I think I need to file a continuance as well so I have time to go over the production before filing an answer.  Is this correct?

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The plaintiff filed a continuance to fill my request for production which was granted.  I did not file an answer within 30 days of the return date because I was waiting for the production to be able to make a decision on my answer.  I think I need to file a continuance as well so I have time to go over the production before filing an answer.  Is this correct?

 

I contacted the clerk's office and they said I have to file Extension for which there is no form, its a free-form document.  Drafted that and faxed it in.

 

I'd still like to know about the answer - I have not filed one yet and it's significantly past the initial 30 days, but I have been going back and forth with production request etc.  Am I still ok and need to file my answer by the end of my Extension request date?

 

Thank you!

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