What is the name of your state? Illinois
I just wanted to post this in the main forum
Background: I was served a summons back in early 07. Capitol One represented by local lawyer for >$5000. Account was last paid according my credit report in 2001.
I had a few defenses
1. SOL of 5 years
2. TILA Credit Card=Open Account
3. Definition of written contract
4. New line of credit established with Capital One. (they should not have issued me new line of credit)
My return date for the summons was April 07.
During this return date, the judge hears your plea.... is this your debt or not?
My reply: NO. The total amount is not my debt. They set a trial date for 7/16/07
Fast forward to today.
I arrived an hour before my trial time. The lawyer for the capital one came in and did his paper work. After he was done arranging his paperwork, he called out my name and had me go outside to discuss the case. At this time I present my credit report showing the account of zero balance as well as it being time barred. He said what are you trying to say. I told him I am trying to say that there is no way I owe you the money you claim. I proceeded to ask him.... do you have any statements or credit agreement stating that I owe the amount you are asking for? He muttered No and no. At this time he said he will dismissed the case. I pressed him further.. what do you mean dismissed. He said since he could not find a witness at this time we will dismiss your case and they will re initiate the case once they find a witness...
We return to our seats... judge comes in.. lawyer asked for dismissal without prejudice.
I am happy for the dismissal but I would like to use some of my affirmative defenses so I could get a dismissal with prejudice.
I stayed around since we already took the day off...
It turns out the lawyer dismissed all the cases for all the people who showed up.. ( I do not know the reason why)..... however 2-3 cases they got default judgment for the ones that did not show.
So.. they may sue me again... but I think I am better prepared.
4 PTO Days (me 2 days: wife 2 days)
$30 credit report