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  1. #1
    Join Date
    Feb 2010
    Location
    kentucky
    Posts
    7

    Default How to Dispute a Credit Card Suit

    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!

    Sincerely,

    Defendants Name
    *************************
    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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Dispute a Credit Card Suit

    You need to follow the court rules, preparing and serving requests for discovery as permitted by those rules. Note that there are three basic forms of written discovery: interrogatories, requests for admission, and requests for production of documents. Don't confuse the three. You may be able to find a practitioner's guide with sample discovery forms in the county law library or a local law school library. (You may also be able to turn up some examples through your favorite search engine.)

    The statute of limitations is an affirmative defense. They don't have to prove that the debt is not expired - if you've properly raised the defense it's up to you to prove that it has.

    There should be a lawyer identified on the court pleadings who is licensed to practice in Kentucky. A law firm suing you in court is not a collection agency and does not have to be licensed as such; but they must have local counsel or be admitted in pro hac vice for the purpose of prosecuting the lawsuit.

  3. #3
    Join Date
    Feb 2010
    Location
    kentucky
    Posts
    7

    Default Re: How to Dispute a Credit Card Suit

    Thank you for helping me with info on an Answer I need 2 file. It was/is very helpful. After that, a msg was left on my mach. from Atty Gen of Ky telling me they were reviewing complaints from consumers regarding the very situation I am involved in now with Capital 1. They don't no about Cap 1 yet but they will since this has been taken a step further. They want to review my complaint (this was over a yr ago) & to see if I would be interested in helping them & a local TV station doing a series regarding debt collectors & their harassment of consumers, etc. Cap 1 has done pretty much the same thing this other place did but they were not a cc I was dealing with, nor did they take anything as far as court. I already know Pl's atty could in no way be aware of what Cap 1 has done 2 me b4 he took case & regardless of that fact & even though he probably doesn't care, am I obligated 2 apprise either him OR the Court know of this new series of events as it will directly affect this case. I wonder if the Atty Gen's Offc can step in 4 me just in the knick of time, I might add & handle/mediate (whatever) this for me?[/U] Do you know? I probably will end up having 2 do all this myself but one can always hope a more qualified agent would help me deal with this. If they can, I sure would not have dreamed in a million yrs that of all the folks in the State of Ky they would pick me to do these interviews as well as a TV series. Blows my mind! You & a lady by the name of Betty3 should be given credit for assisting/coaching me & if I am allowed, I would like to do so. Thank you again. I await your response.

  4. #4
    Join Date
    Feb 2010
    Location
    kentucky
    Posts
    7

    Default Re: How to Dispute a Credit Card Suit

    Atty Gen Msg
    Thank you for helping me with info on an Answer I need 2 file. It was/is very helpful. After that, a msg was left on my mach. from Atty Gen of Ky telling me they were reviewing complaints from consumers regarding the very situation I am involved in now with Capital 1. They don't no about Cap 1 yet but they will since this has been taken a step further. They want to review my complaint (this was over a yr ago) & to see if I would be interested in helping them & a local TV station doing a series regarding debt collectors & their harassment of consumers, etc. Cap 1 has done pretty much the same thing this other place did but they were not a cc I was dealing with, nor did they take anything as far as court. I already know Pl's atty could in no be aware of what Cap 1 has done 2 me b4 he took case & regardless of that fact & even though he probably doesn't care, am I obligated 2 apprise either him OR the Court know of this new series of events as it will directly affect this case. I wonder if the Atty Gen's Offc can step in 4 me just in the knick of time, I might add & handle/mediate (whatever) this for me?[/U] Do you know? I probably will end up having 2 do all this myself but one can always hope a more qualified agent would help me deal with this. If they can, I sure would not have dreamed in a million yrs that of all the folks in the State of Ky they would pick me to do these interviews as well as a TV series. Blows my mind! Thank you again. I await your response

    Below is the message i wanted u to see today (sun.) i am sorry that it is there two times. Purely accidental. I didn't reply correctly (obiously). Thanks for your time and your help. I hope you get this before deleting.

    Atty Gen Msg
    Thank you for helping me with info on an Answer I need 2 file. It was/is very helpful. After that, a msg was left on my mach. from Atty Gen of Ky telling me they were reviewing complaints from consumers regarding the very situation I am involved in now with Capital 1. They don't no about Cap 1 yet but they will since this has been taken a step further. They want to review my complaint (this was over a yr ago) & to see if I would be interested in helping them & a local TV station doing a series regarding debt collectors & their harassment of consumers, etc. Cap 1 has done pretty much the same thing this other place did but they were not a cc I was dealing with, nor did they take anything as far as court. I already know Pl's atty could in no be aware of what Cap 1 has done 2 me b4 he took case & regardless of that fact & even though he probably doesn't care, am I obligated 2 apprise either him OR the Court know of this new series of events as it will directly affect this case. I wonder if the Atty Gen's Offc can step in 4 me just in the knick of time, I might add & handle/mediate (whatever) this for me?[/U] Do you know? I probably will end up having 2 do all this myself but one can always hope a more qualified agent would help me deal with this. If they can, I sure would not have dreamed in a million yrs that of all the folks in the State of Ky they would pick me to do these interviews as well as a TV series. Blows my mind! Thank you again. I await your response

    Below is the message i wanted u to see today (sun.) i am sorry that it is there two times. Purely accidental. I didn't reply correctly (obiously). Thanks for your time and your help. I hope you get this before deleting.

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