My question involves collection proceedings in the State of: Arizona
1. Who's suing? Hammerman & Hultgren
Original creditor? Capital 1
Capital 1 charged off due to credit report.
Owe H&H the money now due to credit report.
*If due to H&H, why suit filed under Capital 1? False filing? If due to Capital 1, why listed on CR as due to H&H? FDCPA violation? In either case, should I motion to strike or dismissal?
2. Last activity? 5/29/07. So SOL on SOL?
3. Is a "Request for Admission" the same as a "Disclosure Statement"? Can't these points just be brought up in court? (proof of original contract, statements, all correspondence, notes, recorded conversations regarding this debt, complete list of debt collectors who have been assigned this debt)
4. Would a motion to strike based on "Insufficient Specificity of Pleading" stand up in AZ? If yes, is there a specific case I could refer that states "Account stated theory is based upon 2 EQUALLY SOPHISTICATED parties having an ongoing business relationship. This is not the case in Consumer credit card transactions."?