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Capital One Tag team robosigning and Unsigned Court Complaint Questions


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Trying to advise my friend on how to proceed with CC collection lawsuit from Capital One.

 

This is in Maryland.

 

The complaint form for court shows attorney signature and address.

In the section where it shows "application and affidavit in support of judgement" shows a check mark that 'itemized statement of account' is attached, but there is no signature or date at bottom of form for affiant.

 

I mentioned this to my friend and he was wondering if that is needed because lawyer signed a section of the complaint elsewhere and since an affidavit is attached.

 

Looking over the Affidavit and googling the Notary, it appears the Cap One employees are playing tag team and alternating who 'plays' the role of notary and who claims to have knowledge of the debt.

Their names alternate in different documents Ive found in other CC Debt collection cases.

 

So I am wondering two things.

 

Is the complaint valid without actual date and signing of affiant ?

 

Is this a clear act of robosigning and bad faith by notary/employees of Cap 1 ?

 

Thanks.

 

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@GoodFriend

 

In the section where it shows "application and affidavit in support of judgement" shows a check mark that 'itemized statement of account' is attached, but there is no signature or date at bottom of form for affiant.

 

 

Check out page 14 of the following link.  Is that the section which you're referring?  If so, read the explanation.

 

http://www.courts.state.md.us/district/forms/civil/dccv001br.pdf

 

 

Cap1 probably has employees that are notaries.  It's not unusual for an employee who's a notary to be the affiant and to also notarize other documents.

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Is she being sued by the OC  or a JDB????   As far as a lawyer, if you can find a consumer lawyer in your area they may give you a free consultation.   I was woefully unaware how reasonable their fees are , and recoverable if they win your case. And if you do all the paperwork up to the trial yourself , even less

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@GoodFriend

 

 

Check out page 14 of the following link.  Is that the section which you're referring?  If so, read the explanation.

 

http://www.courts.state.md.us/district/forms/civil/dccv001br.pdf

 

 

Cap1 probably has employees that are notaries.  It's not unusual for an employee who's a notary to be the affiant and to also notarize other documents.

 

 

Ah very helpful, on the link explaining how to fill out the complaint it states

 

"Section 4—Application and Affidavit in Support of Judgment

You are not required to complete this section. If you have documents that support your case, you 
should complete this application. It does not take any extra time or money, and it could save you an 
enormous amount of time and effort"
 
The complaint in section 4 is checked off, but not signed.
 
So am I correct that the creditor is noteligible for affidavit judgmentsince they didnt complete that section ?
 
My friend says he already filed a Notice of Intention to Defend. And consulted with a lawyer.
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This is an original creditor lawsuit.  Cap1 employees are able to sign an affidavit and notarize it on their own records even if they sign a lot of them.  The typical defenses used in a case where a JDB is suing will not work.  An OC lawsuit can be won but it is a lot harder and requires twice as much effort as you must find a critical error they made in the case to succeed.  Your friend has his work cut out for him.

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Is she being sued by the OC  or a JDB????   As far as a lawyer, if you can find a consumer lawyer in your area they may give you a free consultation.   I was woefully unaware how reasonable their fees are , and recoverable if they win your case. And if you do all the paperwork up to the trial yourself , even less

 

The original creditor is suing. 

 

My friend consulted wants to pay and have a fairly well know debt lawyer help, but the lawyer says because it's "only" 3k owing that it's not worth fighting.

 

 

This is an original creditor lawsuit.  Cap1 employees are able to sign an affidavit and notarize it on their own records even if they sign a lot of them.  The typical defenses used in a case where a JDB is suing will not work.  An OC lawsuit can be won but it is a lot harder and requires twice as much effort as you must find a critical error they made in the case to succeed.  Your friend has his work cut out for him.

Thanks for your input ! I'll let him know.

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So I am wondering if it matters that the summons/complaint has an avadavit, but there are only a couple statements attached.

No cardholder agreement, no original or copy of signed cc application and/or contract.

Could my friend file a motion to dismiss based on this ? Or is too close to court date (Friday) to do so ?

We called to see if the OC still owns the debt and they wouldn't answer yes or no. Instead they said it was being handled  by the law firm.

 

Any last minute thoughts to help my friend ?

 

Thanks!

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I'm not familiar with Maryland's laws, so can only suggest you research your state's rules of civil procedure, state Supreme Court rules and rules of evidence. You've already covered this is within statute of limitations?

 

Does the balance start at zero on the earliest of those statements? If not, that would be an issue to me. Are there any other dates on those statements in conflict that would make you suspicious they were created for litigation and not at the time of alleged transactions? Are there any transactions shown?

"In 2010, Discover sued Taryn Gregory for more than $7,000 in credit card debt. Ms. Gregory, of Commerce, Ga., had fallen behind on her bills, but said she had accumulated only $4,000 in debt. After the suit was filed, Ms. Gregory, a 41-year-old child care assistant, asked Discover for proof of the balance. The resulting documents, which were reviewed by The New York Times, have inconsistencies. One statement, for example, says it was produced in 2004, but advertisements on the bottom of the document bear a 2010 date."

 

You can always enter discovery and request documents. Did your friend ever receive any statements in the mail? When did OC send them?

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