I BEAT CAPITAL ONE LAWSUIT

Sued by Cap One in December of 2008. They attached an Affidavit of Debt but no contract.

Filed a Motion to Dismiss Case for not attaching contract which was granted without prejudice.

Cap One filed a Motion for Extension of Time to Comply (attach contract)

When they supposedly complied they added all Monthly Billing Statements and a Customer Agreement dated from the year 2005.

I did not have an account open with Cap One in 2005 therefore, the Customer Agreement was irrelevent.

I filed a Motion to Strike the Customer Agreement for being irrelevent and Dismiss the Case with Prejudice because they STILL failed to Comply (attach the contract)

Hearing was set, Court gave Cap One 30 days to Amend their Pleadings and then the court would take my Motion to Strike and Dismiss the Case with Prejudice under advisement.

30 days went by and they failed to Comply AGAIN and this case was dismissed with prejudice by the court.

SCARE TACTIC

Before the hearing the attorney brought me in a room and told me that my motion to strike was basically not going to hold and that the 2005 agreement and 2002 agreement were ONE OF THE SAME and that I should settle.

I told him to prove they are one of the same and my Motion to Strike was NOT denied it was taken under advisement.

The attorney knew that he would have to come up with that 2002 agreement and couldn’t do it so it was dismissed.

Moral of the Story: If you are being sued make sure that the Customer Agreement that has been filed by the Plaintiff is the year that you had an account open with the Creditor. And do not take any shit from any Attorneys neither!