I asked a few ??'s the other day & I did not ask if I could use the following to be included with Answer to Capitaol One Complaint (Richmond, VA), & their atty's are out of Cincinnati, OH. I'm in KY. Anyway, I thought about the KY Rules of Civil Procedure and/or can I serve them with a demand for discovery stating the following. Can I compose a dispute & discovery letter like the one below. I don't know all the discovery rules applicable to the court in order to obtain info from Capital One. Can I ask to have this dismissed with prejudice or without (I have no idea what with or w/o prejudice really means!!) Anyway, here's what it would say if I can or should:
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title (I DON'T KNOW TITLE OR SECTION). (Can u help me with that IF I can do this?) I respectfully request that your office provide me with competent evidence that I owe this supposed debt and have any legal obligation to pay you.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe, including all charges, additions, interest and/or payments made, if any;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide copies of any previous correspondence or records of any other type of contacts made by you or the original creditor requesting payment of this debt;
• Prove the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent identification.
If your offices are able to provide any or all of the above requested documentation, I will require at least 30 days to investigate this information, and during such time all collection activity must cease and desist.
I await your timely reply!
If I can, do I draft in a letter to be attached to the Answer or just a letter by itself? If I can't use this, then I'll just file an outright Answer.