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Need Help Fighting Capital One Debt Lawsuit. Please, Any Help Is Appreciated.


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1. Who is suing you? The Moore Law Group

2. For how much? $21,000

3. Who is the original creditor? Capital One Bank (USA), N.A

4. How do you know you are being sued? Was Served Summons

5. How were you served? Were you served? In Person at Home

6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt.

7. Where do you live? California 

8. When is the last time you paid on this account? 2013

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or  B) looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 

12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor.

13. What is the SOL on the debt? 4 Years 


*I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. 


Also, should I request a trial with or without jury?

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