Collections Law/credit card lawsuit
Hi, I have several questions and thank you in advance.
1. I've been sued by attorneys representing capital one bank. They didn't attach an original contract in the summons. This alone probably isn't strong enough for filing a motion for dismissal in NJ?
2. If I were to try for the dismissal, what are the typical fcra violations to look for and/or any other things to include? Should I ask for proof of the debt first?(I've already answered the summons generically and court date has been set for 12/17.)
3. If on a balnce of 10k you are making $40 month payment to a card company(below minimum due which has now ballooned to over 1k), are you likely to get sued in time even if the payment of $40 continues?
Hello Jason: I just saw your question in the question pool. I will be glad to help you and I won't charge you just to talk on the phone, but explaining to you the process and what you can or cannot do in this situation would be much easier explaining on the phone. As you know your time is limited. There are some specific ways to deal with the deficiency of which you mention (the failure to include the contract with the complaint) but there are also additional ways that you can attack the complaint itself. You have to set it up with an appropriate answer, and then you can take the offense by submitting discovery to them so that they have to answer your questions and prove you owe the debt, not you having to prove you don't. You are welcome to call me anytime you wish at this number.
Jack Hall, J.D.