Vague Discovery answers by Capital One

[princessica99]

Let me preface this with saying that I did have a Cap1 card. I applied for a Cap1 February 2015 in Texas and was approved. I had made payments religiously and was under the assumption (you know what they say about assuming) that it was fully paid in August 2018 with a lump sum payment. I moved from Indiana to Florida in September 2018. In April 2019, Stenger & Stenger supposedly sent a dunning letter of sorts to my Indiana address (I know...my responsibility to update address). Fast forward to June 2021, I received a ton of junk mail from bankruptcy lawyers which then triggered me to look at public records. It was then that I saw a lawsuit filed against me from Cap1. I immediately filed a request for Discovery so I could see what exactly I was being sued for and to make sure it was legit. I was properly served the initial Complaint at my current address.  Their counsel then filed a Motion for Enlargement of Time within  5 days of my Request for Discovery. The Court granted their Motion for Enlargement, giving them 30 days. 30 days came and went with no contact. On September 16, I filed a Motion to Dismiss due to Plaintiff not complying to Court order (not verbatim). The Court then scheduled a hearing for my Motion to Dismiss (for early November via Zoom). On September 29, Cap1 filed a Motion for Default Judgement stating I had failed to "otherwise appear in the case". On 10/14, I opposed saying that my Request for Discovery was my initial appearance (citing Ind. R. Small. Claims. Ct. Rule 4(B)). I also filed a Motion to Strike the original Affidavit of Debt. On 10/21, Cap1 filed a response stating their files reflect that timely and complete responses were sent on July 26 (they attached a dunning letter and vague answers and objections to my discovery requests along with a year's worth of credit card statements and a generic agreement). Now, I never received these. I knew nothing of these until a few days ago when I viewed the public court records (as I'm typing this, my son brought in a huge packet from Stenger & Stenger post marked 10/21).

How do I prove I never received requested Discovery until  now?

Also, the attachments ("Discovery") S&S attached, do they have to be sworn/authenticated/etc? 

In the meantime, on 10/24, my Motion to Dismiss was denied and my hearing canceled due to Judicial Action. I'm not sure what happens next. 

[BV80]

1 hour ago, princessica99 said:

How do I prove I never received requested Discovery until  now?

You have the post mark on the envelope, but you mentioned you’re in small claims.  Did you get permission from the court to request discovery?

 

1 hour ago, princessica99 said:

Also, the attachments ("Discovery") S&S attached, do they have to be sworn/authenticated/etc? 

Yes, if they are offered to the court as evidence.   At any point, has Cap1 provided an affidavit from an employee stating something about records made in the regular course of business or practice?  Something like that?

Did you ever answer the complaint?  If so, what did you admit or deny?