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Being Sued by Cap One represented by Patenaude & Felix


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I've done a bit of research on these forums to try and get some help with fighting this current lawsuit I have with Capital One but I need help to understand what I need to do next so I really hope you experts can guide me in the right direction. So here is a short summary of the story:

I was served a Summons and Complaint from plaintiff Capital One. I answered with a general denial and a trial date has been set.  My biggest question is can Capital One sue me on an account they no longer own? 

Also, I just received in the mail (1) the plaintiff's special interrogatories, (2) Request for Production of Documents,  (3) Request for Admissions and (4) CA_157 Form Interrogatories. I've already read some of the other posts that should help get me through most of these requests and interrogatories, I just want to know if I can end this before going to trial by requesting documents of ownership of the account?

Thanks in advance for your guidance. I hope this will also help others going through this type of situation.

 

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8 hours ago, veesmith626 said:

Now my CR shows that Portfolio Recovery Associates, LLC has the account. My biggest question is can Capital One still sue me on an account they no longer own?

No, they can't.  File a motion to dismiss based on a lack of standing.

DO NOT answer the rogs, etc.  No reason to.

 

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If it were mine I would answer the rogs, etc, especially the request for admissions. There is a good reason to respond to discovery, if you don't you can end up with a default judgment against you.  You will not find a CA thread were a favorable result (for the DEFENDANT) came from not answering discovery.

I would research the demand for a bill of particulars (BOP) and send them the request ASAP, before you answer the discovery. Answer the discovery closer to the deadline, but make sure you provide a response to their discovery.

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  • @Clydesmom Shouldn't I still answer the rogs since there is a deadline to answer. You say there's" no reason to answer" but since they requested it and I have 30 days to respond, I think I should at least respond so the judge can see that I responded.
  • @Anon Amosthose were my initial thoughts to send a BOP first AND respond to their discovery in order to cover my "assets" I just thought there may be another way to prove that Cap One has "lack of standing". Is it too late to amend my answer to the affirmative defense "lack of standing"?

Also, do I send the demand for BOP to the attorneys as well as file it with the court or do I just send the BOP to the attorneys only?

Thanks

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