[SabianWinters]

I am being sued in small claims court for an old Capital One card. My last payment made to the card was 11/03/2001.

I asked the attorney who has started legal proceedings against me to provide me proof that this debt legally belonged to me. At first she refused to send me any documentation. So I asked the court to basically make her do it.

So she finally sent me all the documents I asked for. The only problem is, she sent me photocopies when I asked for original signed documents.

My question is, do I have the right to see the original signed documents?

I tried to get this case dismissed based on the fact that the 6 year statute of limitations has passed but the judge denied my motion. This lawyer started court proceedings in August, before the limitations ran out.

I can't afford a lawyer so I am handling this on my own.

In yesterdays mail I received a Motion For Summery Judgment that she filed and she's asking the judge to rule against me.

Do I have the right to request a hearing? Do I have the right to ask for a disclosure hearing because I don't have the money to pay back the debt.

I don't dispute the debt belongs to me, but the signature on the photocopy isn't mine.

Can anyone give me some idea of what my legal rights are?

This lawyer is very tough and I know nothing about the law, and she knows it.

Thank you!

[tickle]

I only know the answer to one of your questions. I don't know anyone who would send original signed documents on request to someone who is being sued. Unless of course you were allowed to view them with an attorney present. There is nothing wrong with photocopies.

Are you in doubt about the authenticity of the records and that this was not your card and your debt ?

[ScottGem]

Yes you do have a right to a hearing. You respond to the Motion for Summary Judgement with your Intent to Defend and request a hearing. If you grounds are that the signature is not yours, you may need to get some expert testimony unless its clearly obvious. You will , at least, need to produce copies of your signature over a length of time.

But it is OK for them to send you copies, but you can request the originals be produced in court.

[SabianWinters]

Thank you ScottGem.

I wasn't sure if I had the right to request a hearing or not.

Thanks again

[JudyKayTee]

No credit would send the only proof of the debt - the original records - to the debtor.

And, yes, you are entitled to a Hearing - does the Motion for Summary Judgment give you an option to appear? (They are different in various Courts.)

When/if you do appear - what is your defense? You have already been denied on the Statute and you've received copies of the original records.