Motion 4 Summary Judgment against Capital One filed today.
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  1. #1
    Join Date
    Jan 2010
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    Oklahoma City, Ok.
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    Motion 4 Summary Judgment against Capital One filed today.

    I filed my motion for summary judgment against Capital One today. Hearing is set for September 30th at 1:30.

    You can bet that Love, Beal & Nixon P.C. attorneys for Plaintiff Capital One are not going to like that one little bit. (LOL).

    How will that turn out? Well, we will know by about 3:00 or 4:00 P.M. on September 30th. Should be interesting indeed. What will their response be if any? Naturally they will have to file a response so what will it be?

    I suppose they might try to dismiss their case but last time I talked to the lawyer and suggested that they do so she said Capital One didn't want them to do that. I suppose not.


  2. #2
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    Sep 2010
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    Re: Motion 4 Summary Judgment against Capital One filed today.

    was this based on violations? let me know how it turns out, i just won a case against capital one for providing no evidence of the debt being my account. I was going to countersue but thought filing my own complaint would be better. Let me know if you win. Good Luck my friend.

  3. #3
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    Re: Motion 4 Summary Judgment against Capital One filed today.

    We went to court yesterday over my motion for summary judgment. I introduced new evidence and the judge ruled, among other things, that we were going to have to go back to discovery to get to the bottom of this thing. He said that both sides were a very long ways away from getting a summary judgment.

    Judge keeps on asking me why I don't take them to federal court. He has obviously had far more of this fight than he wants. Problem is that I need to get closure to this case in order to move on properly. Yes, I can go to federal court but I've got until at least February to do that and I am not going to take them until I have to unless we get a settlement in the case where they go away and leave me alone and pay me for my time and trouble. That's not likely to happen in local court. I think they will get a judgment in local court and since I have hundreds of examples of their violations they have no chance of a win in federal court. What violations? How about providing false and misleading information to a consumer and admitting to it in court multiple times just for starters?

    But the judge isn't going to get it out of his courtroom very fast either.

  4. #4
    Join Date
    Dec 2007
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    494

    Re: Motion 4 Summary Judgment against Capital One filed today.

    Quote Originally Posted by billbauer View Post
    He said that both sides were a very long ways away from getting a summary judgment.
    So you lost.

    Judge keeps on asking me why I don't take them to federal court. He has obviously had far more of this fight than he wants.
    Dumb Bob bets.

    where they go away and leave me alone and pay me for my time and trouble. That's not likely to happen
    Anywhere. Why should they pay you for your time and trouble in a settlement? Everyone goes home, you each get to keep your own balls; it was always fair when we were kids. In case that wasn't clear, Dumb Bob is saying that you both pay your own costs, fees, etc.. Asking for more than that will just prolong an already far too prolonged ordeal. Unless you like this sort of thing.

  5. #5
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    Jan 2010
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    Oklahoma City, Ok.
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    Re: Motion 4 Summary Judgment against Capital One filed today.

    Quote Originally Posted by Dumb Bob View Post
    So you lost.
    Yes and no. What really happened was that I just got nowhere and we are back to the discovery phase again. Coming up with the discovery demands is going to be a bit tougher this time than last.
    Dumb Bob bets.
    Bets what?
    Anywhere. Why should they pay you for your time and trouble in a settlement? Everyone goes home, you each get to keep your own balls; it was always fair when we were kids. In case that wasn't clear, Dumb Bob is saying that you both pay your own costs, fees, etc.. Asking for more than that will just prolong an already far too prolonged ordeal. Unless you like this sort of thing.
    It is obvious that you don't understand the situations. First of all I will eventually lose in local court unless they can't come up with the documentation to prove how much I owe. I think they can eventually do that IF I give them enough time which I have no intention of doing. But they might sneak in under the wire somehow. I'm ready to accept that but there are many other questions before the court at this time, all of which are unanswered. If I can force the answers out of them I might win in the end.

    Another point is attorney fees. They have already been paid the court costs and attorney fees up front by Capital One. We have the proof of that but don't know how much, not that it is important or even discoverable in any case. Point is they may have been paid as much as $1400 for attorney fees even though something more like $1200 is more like it. How much fighting are they willing to do for that amount of money?

    They already lied to me in a court filing in which they said they had the right under 12 O.S. 937 to increase attorney fees exponentially if I keep on fighting. That was a total falsehood and is actionable under FDCPA for providing false and misleading information to a consumer. If the court had tried to do that or anything similar it would amount to an illegal attempt to deny me my due process rights under the law. Since lawyers can't deny due process rights that didn't happen, of course. ,br/>
    They lied several times over in other court proceedings and actually got dumb enough to admit it to the court in writing. Each and every one of them is a new cause of action. So I not only have many causes of action against them for various acts of providing false and misleading information to a consumer. They cannot deny their guilt in federal court because they admitted to them in lower court records. So that's just one reason to take them to federal court,l reach a settlement on that violation which will cost them the court costs, attorney fees which I get as a Pro Se and any statutory damages I can get them to agree to or the court to award. Now where is the