Capital One suing over $1,500 , alredy went to court, requested a Bill of Particulars. The Plaintiff (Capital One) has provided there Bill of Particulars with exhibit A being customer agreement and copies of previous statements form 2006 - 2011. Original agreement 2006. Don't remember when the last payment may have been made, but the SOL could have expired, after three years. Your thoughts on how I should fight this. Using a Grounds of defense or Motion to dismiss?

Keith

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Originally Posted by brownbkb

Capital One suing over $1,500 , alredy went to court, requested a Bill of Particulars. The Plaintiff (Capital One) has provided there Bill of Particulars with exhibit A being customer agreement and copies of previous statements form 2006 - 2011. Original agreement 2006. Don't remember when the last payment may have been made, but the SOL could have expired, after three years. Your thoughts on how I should fight this. Using a Grounds of defense or Motion to dismiss?

Keith

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Without where you are and the last activity on the card - payment OR charge - it's impossible to say.

If there are statements through 2011, what makes you think the SOL has expired?

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Originally Posted by ScottGem

If there are statements through 2011, what makes you think the SOL has expired?

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I haven't made a payment in long time, they just keep sending statements

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Originally Posted by brownbkb

I haven't made a payment in long time, they just keep sending statements

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Would you please answer me - where and what was the last activity (charge OR payment).

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Originally Posted by JudyKayTee

Would you please answer me - where and what was the last activity (charge OR payment).

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I blieve it was 2009.

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Originally Posted by brownbkb

I blieve it was 2009.

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Also this was in my company name.

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Originally Posted by brownbkb

Also this was in my company name.

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Anyone got there ears on?

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Originally Posted by brownbkb

Anyone got there ears on?

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All volunteers here brown. Wait your turn.

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Originally Posted by tickle

All volunteers here brown. Wait your turn.

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Sorry, I appreciate your efforts.

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Originally Posted by brownbkb

Anyone got there ears on?

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Yes, we do - so far we've asked WHERE twice.

The answer was that it was a company card.

That's like asking what time it is and having you say Thursday.

No one here is going to hold your hand - if you don't know where you are, no one here is going to help you.

You have to find the exact date of your last payment. There SOL is 3 years on credit card debt.
So if the three years were past before they filed for the law suit, you have a case,
If they filed before the three years are up, just pay them and be done with it.

I would say they filed in time, Capt One is good at this, they wait in collections ( getting more and more late fees, over limit fees till the last month. Then they file a few weeks before the SOL . They do miss it, so you will need to see when the last payment you made to them was received and applied to your account.

If they included all of the statements, it should show

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Originally Posted by JudyKayTee

Yes, we do - so far we've asked WHERE twice.

The answer was that it was a company card.

That's like asking what time it is and having you say Thursday.

No one here is going to hold your hand - if you don't know where you are, no one here is going to help you.

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The title of the post says VA ( will assume virgina)

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Originally Posted by Fr_Chuck

The title of the post says VA ( will assume virgina)

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Yes, va company.