Hello there

My girlfriend is being sued by "Capital One" and we are currently in the process of responding to the summons. We have been on this site and found Mr.Yet's advice most helpful. As of now we are filing intent to defend and a motion for dismissal due to lack of subject matter jurisdiction, lack of personal jurisdiction and failure to state claim upon which relief is granted.

Some quick background is we are in the state of Arizona. The account is within the SOL and we believe the actual person suing is a JDB law firm

My questions are these:

1: I could use some sort of sample letter requesting discovery
2: If the person suing us is not a lawyer actually retained by Capital one and the Plaintiff says "Capital One" isn't that a violation of the FCDRA fraud as the JDB is the true party in interest, not the original creditor who sold the right to sue for breach of contract. Also, it can be argued that they lack standing for the same reasons... JDB being the true party in interest.
3: if #2 is correct, can I add that as a reson on the motion to dismiss and if so the proper verbage would be appreciated.