Capital One Plaintiff original creditor suing

[Threekingsrp]

What is the name of your state (only U.S. law)? Michigan

Ok, so I was served with a summons and a complaint from Cap1. I have a personal injury lawyer friend who is too busy to help me, but he did help me answer the complaint. Obviously denied everything. He said it was out of the ordinary for no documents to be attached. No affidavit or contract. That doesn't mean much right?

My pre trial is set for March 28th, he also did create a request for production of a billion documents for me and I mailed it to the attorneys the same day I filed my answer, February 20th. He said they may just ignore it until the court date. I don't know what evidence is needed and acceptable in Michigan. I mean, I know I have credit cards but I don't know how much I owe to who, though.

Should I have just filed a motion to dismiss before answering? I just keep running into so many scenarios and things that have helped people and it's very stressful to pick a strategy. Any help is appreciated.

Once again it IS an original creditor as the plaintiff. Or at least that's what the company says. It is Shermeta Law Group as the attorneys.

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

Ok, so I was served with a summons and a complaint from Cap1. I have a personal injury lawyer friend who is too busy to help me, but he did help me answer the complaint. Obviously denied everything. He said it was out of the ordinary for no documents to be attached. No affidavit or contract. That doesn't mean much right?

My pre trial is set for March 28th, he also did create a request for production of a billion documents for me and I mailed it to the attorneys the same day I filed my answer, February 20th. He said they may just ignore it until the court date. I don't know what evidence is needed and acceptable in Michigan. I mean, I know I have credit cards but I don't know how much I owe to who, though.

Should I have just filed a motion to dismiss before answering? I just keep running into so many scenarios and things that have helped people and it's very stressful to pick a strategy. Any help is appreciated.

Once again it IS an original creditor as the plaintiff. Or at least that's what the company says. It is Shermeta Law Group as the attorneys.

Why did you automatically deny everything? That may not have been wise. Too bad you didn't hire an attorney to represent you would would spend a little more time. Also, your request for production of documents isn't likely to yield much. I suspect that you're going to find yourself with a judgment against you faster than you can say "here, your honor".

 

[Threekingsrp]

What else was I supposed to do? I'm not a lawyer and I thought I've done my due diligence in fiercely and obsessively researching. What would have been the proper way of going about it?

 

[Zigner]

What else was I supposed to do? I'm not a lawyer and I thought I've done my due diligence in fiercely and obsessively researching. What would have been the proper way of going about it?

due diligence...
fiercely and obsessively researching...



Did you spend any time trying to actually unravel your own financial picture to understand what you are being sued for?

 

[Threekingsrp]

Yes I'm being sued for a debt that I defaulted on in 2016. Couldn't make anymore payments while paying on other debts. Just looking for a way out or at least have the attorney work it.Just trying to be vague in a sense. I don't know why. Should I just go to a different forum? I don't think the passive aggressive insults are appropriate when I'm clearly looking for advice. First timer, I apoligize.

 

[Zigner]

Yes I'm being sued for a debt that I defaulted on in 2016. Couldn't make anymore payments while paying on other debts. Just looking for a way out or at least have the attorney work it.Just trying to be vague in a sense. I don't know why. Should I just go to a different forum? I don't think the passive aggressive insults are appropriate when I'm clearly looking for advice. First timer, I apoligize.

Advice about what? You owe the money and you acknowledge that you owe the money (contrary to your answers on the interrogatories). I don't understand what defense you are trying to raise here. Can you let me know why you think you don't owe the money?

 

[Threekingsrp]

I just don't know how much money. You obviously know people try to get out of and succeed get out of paying every day even knowing they owe money. Why can't I try to defend the amount they allege I owe?

 

[Zigner]

I just don't know how much money. You obviously know people try to get out of and succeed get out of paying every day even knowing they owe money. Why can't I try to defend the amount they allege I owe?

Now we're getting somewhere. You don't deny that you owe money, you just don't know how much money you owe. There's really nothing we can do to help you figure it out - you need to go back and find your last statement and see how much you owed. Then calculate it out, factoring in late fees and the default interest rate. There's also going to be a charge for legal fees. Once you've done that, you can figure out if there's a discrepancy.

 

[Threekingsrp]

I can't even access my account online or call cap1. It just redirects me to the attorney. Then I hang up because that's scary. I was very irresponsible and didn't hang on to any past statements. I must be reading the wrong stuff. From my understanding I thought the plaintiff has the burden of proof in these cases? Do they not have to provide statements from $0-present to confirm an accurate amount? I'm taking everything you say is accurate but I don't want to bother the crap outta you guys when I thought I knew what I was on the right track.

 

[Zigner]

I can't even access my account online or call cap1. It just redirects me to the attorney. Then I hang up because that's scary. I was very irresponsible and didn't hang on to any past statements. I must be reading the wrong stuff. From my understanding I thought the plaintiff has the burden of proof in these cases? Do they not have to provide statements from $0-present to confirm an accurate amount? I'm taking everything you say is accurate but I don't want to bother the crap outta you guys when I thought I knew what I was on the right track.

Nope - they just have to show (in essence) that you have a contract with them, that you owe a certain amount, and that you defaulted. It's on you to show that you DON'T owe that money.

 

[latigo]

What is the name of your state (only U.S. law)? Michigan

Ok, so I was served with a summons and a complaint from Cap1. I have a personal injury lawyer friend who is too busy to help me, but he did help me answer the complaint. Obviously denied everything. He said it was out of the ordinary for no documents to be attached. No affidavit or contract. That doesn't mean much right?

My pre trial is set for March 28th, he also did create a request for production of a billion documents for me and I mailed it to the attorneys the same day I filed my answer, February 20th. He said they may just ignore it until the court date. I don't know what evidence is needed and acceptable in Michigan. I mean, I know I have credit cards but I don't know how much I owe to who, though.

Should I have just filed a motion to dismiss before answering? I just keep running into so many scenarios and things that have helped people and it's very stressful to pick a strategy. Any help is appreciated. . .

Getting stressed out picking a strategy are you?

Why don't you ask the attorney that has put you in water over you head with this pre -trial discovery business and the Michigan Rules of Civil Procedure (which will be a clear as mud to you) for a non-stressful defensive strategy!

Regarding your lapse of memory I have a strong suspicion that you will shortly be apprized of the status of your credit card accounts and how much you owe and to whom.

Incidentally, did this PI attorney of yours happen to mention that the more work you heap on the plaintiff's attorneys in prosecuting the lawsuit - such as responding to the ill-conceived, shot-gun, specious request for the production of a "billion" documents - the greater will be the attorney bill to the client? And that if your "strategy" doesn't work, you will be paying that attorney bill?! Huh?

 

[jaallen10]

any other update in this case?

 

[PayrollHRGuy]

any other update in this case?

Please don't revive a 2 month old thread because you are interested in the outcome. Odds are the OP will never see the request.