Artiss14 Posted September 20, 2019 Report Share Posted September 20, 2019 Hi everyone. I have questions regarding a lawsuit I am currently in with Hunts & Henriques law firm for a $2708 credit card debt with Capital One. I have a trial date set in November and received their responses to my Request for Production of Documents. They pretty much objected to needing mostly everything I asked for and sent me a bill of sale with none of my my information, a random Capital One terms and agreement, and the last year of billing statements. Am I able to request a dismissal if they don’t provide the original contract or all of the statements? Quote Link to comment Share on other sites More sharing options...
RyanEX Posted September 20, 2019 Report Share Posted September 20, 2019 You won't be able to request a dismissal for that. What date is your trial? What other steps have you taken (making a CCP 96 request of them, etc)? Does Hunt Henriques represent Cap1, or do they represent someone bought the account? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted September 21, 2019 Report Share Posted September 21, 2019 On 9/20/2019 at 1:31 PM, Artiss14 said: Am I able to request a dismissal if they don’t provide the original contract or all of the statements? You can request it but it will be denied. Not even the California courts are looking for a contract in a credit card debt case. They know one does not exist. ALL of the statements are not needed either. The 6 months of statements prior to default and the 6 months leading up to charge off (i.e. the last 12 months of statements) are more than enough to prove the account and therefore the debt is yours. Quote Link to comment Share on other sites More sharing options...
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