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    corawood's Avatar
    corawood Posts: 16, Reputation: 1
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    #1

    Nov 3, 2009, 08:23 PM
    Request to dismiss lawsuit
    Capital One filed lawsuit in January 2008 and they sent me a letter afterwords requesting to settle out of court. I requested documentation of debt. They did not send me anything and nothing happened for 18 months. Now new lawer involved requested to move foreword on case. Can't I request to dismiss case on failure to provide requested documents and or failure to prosecute. Can I send a requesst for production of documents now and when I submit notice of appearance will they automatically send me imformation that's already filed with the court?
    PoorBloke's Avatar
    PoorBloke Posts: 9, Reputation: 1
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    #2

    Nov 4, 2009, 03:03 AM
    I believe they don't have to show validation of debt to take you to court. Im sure some more experienced people will chime in here soon. You should attend the court date if one is set though.
    corawood's Avatar
    corawood Posts: 16, Reputation: 1
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    #3

    Dec 9, 2009, 10:01 AM

    Hey there just wanted to report my day in court was very scary. The judge seemed pretty nice outside the courtroom but very different inside. Not mean but definitely not smiling. So I showed up with a request to compel production of Documents after receiving a statement with my name and a previos address on it showing I owed 900.00 dated 2/2005. Yes, just one piece of paper. I requested an agreement or application with my signature, transaction history and valid agreement between attorney and plaintiff, Capital One. He didn't have any of that sent to me and in court Judge kind of shook the statement at me and said "well this has your name and address on it" "what else do you need?" I said I deny the debt and that is one piece if paper, people can copy and paste, identity theft happens all the time and even if it was my debt where is the transaction history, reciepts with signature etc. I kind of felt the judge was nice to attorney and treating me like the evil liar. Hurt my feelings. Anyway, I felt really good about him reading my reasons for why I wanted these items and looking over my exhibits. The attorney asked for 60 days to produce documents. He was actually pretty nice to me. He said if he couldn't get them, he didn't want to come back and would just dismiss the case. Yea!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Dec 9, 2009, 10:23 AM

    Was this small claims court? Small claims judges usually aren't like that.

    But you need to stick to your guns. They need to show concrete proof that you opened that account.

    Don't, however, be fooled by the plaintiff's attorney being nice. That's just to put you off guard.
    corawood's Avatar
    corawood Posts: 16, Reputation: 1
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    #5

    Dec 10, 2009, 07:14 PM

    Yea, your probably right. If the attorney doesn't have the documents requested then will the case be dismissed? It was a small claims court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 10, 2009, 07:23 PM

    You request it to be dismissed with prejudice
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Dec 10, 2009, 07:40 PM

    It should, but there is never "have to" it is as always up to the judge
    corawood's Avatar
    corawood Posts: 16, Reputation: 1
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    #8

    Dec 10, 2009, 07:53 PM

    Cool. Thanks
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