Expert: Creditwrench - 5/22/2008

Question
QUESTION: My wife has a problem with Capital One. She thought the account was paid off.  She did not receive a bill since 2003.  The credit limit was only $ 3000 but that held payments and charged late fees to make the card go over limit then charged over limit fees.  Thes raised the interest rate, without notice and now have filed suit and are requesting judgment.  We request proff of debt, ie signed credit card receipts but all they sent were copies of old statements.  What can we do, we have to ack quick as they has requested default judgment.

ANSWER: How long do you have before you must respond to the summons?

Are there any affidavits filed with the court?



---------- FOLLOW-UP ----------

QUESTION: WE have filed a motion for dismissal based on their refusal to provide proof of debt by signed credit card slips and that they allowed account to go unbilled for 4 years.

Answer
Well, is it outside of the statute of limitations for your state then?
Their refusal to provide proof of debt by signed credit card slips isn't going to cut any ice in court. The reason is that they never have any such thing. Stores don't even care how you sign those slips, just so you do. Anything you put on those slips as a signature is acceptable. I once saw a man sign a slip in Lowe's. He drew a picture of a house with a dog house beside that complete with dog. Windows, doors, smoking chimney and all. All the while a long line of people were waiting to check out. They didn't care. All I ever do is scribble an initial on the slip or the terminal window and go on out with my merchandise. Nobody cares and neither does the court. So your motion to dismiss on that grounds is going to get denied real quick.

What is going to count is whether or not the time has elapsed for them to have filed suit in your state and if that is true you will have to file a correct defense on that issue alone.

Probably the only way you can win unless the SOL defense is viable is to end up taking them to federal court because the local court is sure to grant them a judgment from what you have told me so far.

Bill Bauer
405-684-9297