capital one Lawsuit, breakup, ID theft, Previous Judgement

[Nomos Soter]

 (Backstory) Several years back I was handed a summons while my now dead ex was having his condo forclosed on him. Was busy at the time the summons looked fake and all types of things were wrong in it so I never bothered to answer their complaint. It was with first national premier bank and they were way over the statute to be suing anyway. So this was around  2008 when this happened. I lost my job and the economy collapsed then I went under and came up but there sure is a storm brewing now and I don't even know where to begin. I got credit for $250 back in 2014 swore I would never have credit nor did I want it again. Had tax returns that were sending me off on a solo journey to Europe in 2015 and right before I left they expanded my credit to 2500 because I opened up a bank account with Citi Bank one of the only banks I thought would also be in Europe so I could access my money. Citi is awful bad idea on my part. Now I know. Flash forward to now I just broke up with someone who has kept me financially unstable the past 4 years saying. He's out of the picture now but I just got a summons from capital one USA na on September 16th I received 5 alerts from every credit monitoring system that my social security number was on the dark web and my main email was compromised the one with all my info on it. So I put fraud alerts on all this stuff but I am in debt bad right now. Almost 20k I don't even know how that's possible. When just 3 years ago I was in the black.

First thing I need to know is where to get an answer to complaint template so  I can start filling it out . Second now with my identity compromised who I am in the answer and for that matter who are they? plaintiff alleges as follows 1. Plaintiff is a national banking Association organized and existing under and by virtue of the laws of the United States of America. 

Might be a stupid answer but can I deny that being virtues and laws are granted to, by and for the people, to the people and by the people. Capital one is a financial corporation who here in California the people do not recognize corporations as people so can I  deny their claim of identity ? 3rd what about mine they neglected my middle name . This is their second allegation. The true names and capacities, of defendants named here in as does 1 through 5 inclusive, or unknown to Plaintiff, who therefore sues said defendants by such fictitious names, and plaintiff will amend this complaint to show their true names and capacities when the same have been ascertained. 

Yes this seems complicated but I'll not attorn myself and will take these mfs down American style pro se. It's a limited civil case rule 3.70 collections not complex nor a class action. In their addemndeum their are 3 steps they had to do. They never circled the number in colum c which they did x off in colum b for A6012 other promissary note collections cases. But they seem to circumnavigate the whole missing circled number with step 4. Should I file for a general dismissal because the form was missing that step and then they looked into the Department of defense to see if I was on active duty which nothing came back I did take the oath to join the army in 2003 but I was caught in a pickle because of my recruiter telling me to lie about my past then when my past came up I never got my date to go to boot camp. So it's like I joined but not really. I don't even know about that one. 

Good this is a novel. Sorry any help would be much appreciated. As I don't plan on paying these money grubbing fat cats 1 iota of money when the entire time 29.9 apr. After the first year. Yep that's what my rate was for 4 years with capital one. Citibank too with their card and $4000 not exaggerating in banking fees since 2015. My credit score is hovering around 450 right now. Also if this is my future and I can't afford to pay for food right now. I work the weekend so I'll make grocery money then. Should I call up my 401k and empty it for fear of garmishment. I'm a waiter so they can't really garnish my wages. Losing out on tax returns might suck but I'm more worried about the whole no id theft thing than anything especially when my Id isn't that great. 

I've been just run under the bus just to get up to get smashed by the train approaching. Dealing with the ID theft I had to lock all my credit reports, get some new cards. But I put quite a bit into my SSI and still need to talk to them about everything. Haven't filed a police report yet because I don't know what to do I'm being sued no one has done any wrong exept me getting behind on bills that are only stagnant and high  because of interest rates on them. I don't make much probably 25k this year a good year is 30 k. Things are getting pricier rents going up and work is getting slower.  Didn't really have an American dream growing up but I sure would love to be the poster child for waking America the hell up. I was taught and educated to be a consumer. Play their rigged Monopoly game. Be nationalist and turn a blind eye to the wrongs and aggressions of our leaders. To not be accurately represented. To not challenge status quo. I know better now. We are slaves. Economic slaves brainwashed to fret for our contracts and fret for our lawsuits in some 3 ring circus bullshit. The defendant prays for rain your honor. 

 

[Clydesmom]

6 hours ago, Nomos Soter said:

Good this is a novel. Sorry any help would be much appreciated.

No kidding. WAY WAY too much extraneous unneeded information and irrelevant at that.  In future posts stick to the basic facts otherwise people tend to skip reading through all that.

6 hours ago, Nomos Soter said:

I just got a summons from capital one USA na on September 16th I received 5 alerts from every credit monitoring system that my social security number was on the dark web and my main email was compromised the one with all my info on it. So I put fraud alerts on all this stuff but I am in debt bad right now. Almost 20k I don't even know how that's possible.

Did you have a Cap1 account or not?  The answer determines the best way to fight this.

6 hours ago, Nomos Soter said:

Second now with my identity compromised who I am in the answer and for that matter who are they?

YOU are the defendant (even if ID theft is involved) and they are the Plaintiff.

6 hours ago, Nomos Soter said:

Might be a stupid answer but can I deny that being virtues and laws are granted to, by and for the people, to the people and by the people. Capital one is a financial corporation who here in California the people do not recognize corporations as people so can I  deny their claim of identity ?

No you cannot and yes it is STUPID.  DO NOT do this.  It won't work and your credibility on any claim of identity theft is over.

Basic contract law defines a properly established corporation as a "person" i.e. a living entity from a legal perspective to avail themselves of the court.

6 hours ago, Nomos Soter said:

3rd what about mine they neglected my middle name .

Not needed.  They only need 3 identifiers to have established it is the correct person.  While they can use a middle name they are not required to.

6 hours ago, Nomos Soter said:

Should I file for a general dismissal because the form was missing that step and then they looked into the Department of defense to see if I was on active duty which nothing came back

What you might have done in 2003 is irrelevant.  You are not in the military now so the Soldiers and Sailors Act does not apply to your situation.

6 hours ago, Nomos Soter said:

As I don't plan on paying these money grubbing fat cats 1 iota of money when the entire time 29.9 apr. After the first year. Yep that's what my rate was for 4 years with capital one. Citibank too with their card and $4000 not exaggerating in banking fees since 2015.

So you DID have credit card accounts, used them, and defaulted.  If you didn't like the APR then close the accounts and stop using them.  Refusing to pay on a principal based on your agreeing to the interest rate by using the cards is not going to work.

6 hours ago, Nomos Soter said:

Should I call up my 401k and empty it for fear of garmishment.

No.  A 401k cannot be garnished for debts.

7 hours ago, Nomos Soter said:

Dealing with the ID theft I had to lock all my credit reports, get some new cards. But I put quite a bit into my SSI and still need to talk to them about everything. Haven't filed a police report yet

You should have done this on ANY account that is because of ID theft.  If the stuff you are being sued on is accounts you opened, used and defaulted on DO NOT do this because you could potentially end up with criminal charges for lying about it.  

7 hours ago, Nomos Soter said:

I was taught and educated to be a consumer. Play their rigged Monopoly game. Be nationalist and turn a blind eye to the wrongs and aggressions of our leaders. To not be accurately represented. To not challenge status quo. I know better now. We are slaves. Economic slaves brainwashed to fret for our contracts and fret for our lawsuits in some 3 ring circus bullshit. The defendant prays for rain your honor. 

Get over yourself.  YOU opened the accounts.  YOU lived beyond your means.  YOU defaulted on the cards.  YOU are responsible.  Whining about the rest of it is just that whining and complaining.  

Start by discussing your financial situation with several bankruptcy attorneys.  WITHOUT all that extra garbage that would make them decline to take you as a client.  If BK is not an option then you are going to have to defend this suit because arbitration is not an option with Cap1.

[BV80]

11 hours ago, Nomos Soter said:

Might be a stupid answer but can I deny that being virtues and laws are granted to, by and for the people, to the people and by the people. Capital one is a financial corporation who here in California the people do not recognize corporations as people so can I  deny their claim of identity ?

Have you actually researched CA law?   Or are you basing your possible answer on something you read somewhere?

What CA law says that a corporation cannot be a party to lawsuit?

 

[Nomos Soter]

6 hours ago, Clydesmom said:

No kidding. WAY WAY too much extraneous unneeded information and irrelevant at that.  In future posts stick to the basic facts otherwise people tend to skip reading through all that.

Did you have a Cap1 account or not?  The answer determines the best way to fight this.

YOU are the defendant (even if ID theft is involved) and they are the Plaintiff.

No you cannot and yes it is STUPID.  DO NOT do this.  It won't work and your credibility on any claim of identity theft is over.

Basic contract law defines a properly established corporation as a "person" i.e. a living entity from a legal perspective to avail themselves of the court.

Not needed.  They only need 3 identifiers to have established it is the correct person.  While they can use a middle name they are not required to.

What you might have done in 2003 is irrelevant.  You are not in the military now so the Soldiers and Sailors Act does not apply to your situation.

So you DID have credit card accounts, used them, and defaulted.  If you didn't like the APR then close the accounts and stop using them.  Refusing to pay on a principal based on your agreeing to the interest rate by using the cards is not going to work.

No.  A 401k cannot be garnished for debts.

You should have done this on ANY account that is because of ID theft.  If the stuff you are being sued on is accounts you opened, used and defaulted on DO NOT do this because you could potentially end up with criminal charges for lying about it.  

Get over yourself.  YOU opened the accounts.  YOU lived beyond your means.  YOU defaulted on the cards.  YOU are responsible.  Whining about the rest of it is just that whining and complaining.  

Start by discussing your financial situation with several bankruptcy attorneys.  WITHOUT all that extra garbage that would make them decline to take you as a client.  If BK is not an option then you are going to have to defend this suit because arbitration is not an option with Cap1.

I Appreciate the time you spent reading it and I really respectfully Thank you for your input. Sorry for the ranting and all the erroroneous stuff by the end of the post the whining came out but yes you are correct. I didn't learn from my previous mistakes well enough to cut the credit cards up when they started coming in and did live above my means. Just alot going on right now. Thank you for your patience and thorough input. I just see a lot of this straw man theory of law coming up on the web and it has me second guessing whether I as a person or MYSELF is culpable and when they go around using terms like fiction it almost cements those ideas no matter how unsound the rhetoric may be. I just need to accept reality get some financial help and probably file for bankruptcy. Again Thank you.

[Clydesmom]

37 minutes ago, Nomos Soter said:

I just see a lot of this straw man theory of law coming up on the web and it has me second guessing whether I as a person or MYSELF is culpable and when they go around using terms like fiction it almost cements those ideas no matter how unsound the rhetoric may be.

Just because it is on the web does not make it true or reliable.  The Straw Man theory has NEVER held up in court.  Not only that it can lead to BIG trouble. I believe that is the nonsense Wesley Snipes tried to use to justify not paying taxes and that ended with him spending several years in prison.  

The bottom line is you have a lot of debt.  You have limited income.  A consult with a few BK attorneys is in order.