I suppose you can try that if you want to and your states rules of civil procedure will allow that. Some states won't allow that. Even though it is probably allowed in your state I wouldn't do that if I were to be served with a summons and complaint. The reason I wouldn't do that is that if I were to answer in the manner you suggest then I would be expected to explain exactly why I denied that specific allegation in order for the denial to be accepted by the court. I don't quite understand your sequence here. Again, if I were to need to do that I would first of all prepare my sworn statement of denial then my certificate of mailing then my demand for admissions and depending on timelines my demand for validation. Then I'd have my GF notarize the denial because she is a notary which is very handy (LOL) and then I'd go file it with the clerk of the court. I'd file it on the very last day allowable so long as that did not fall on a weekend or a holiday and then I'd wait a couple of days and send the lawyer his copies by certified mail, return receipt requested. It would take me about 2 or 3 hours to get the whole thing done including the filing. So I'd time it so I got to the clerk's office about an hour before closing time. Then I'd sit back and hope the plaintiff's attorney tried to file a motion for a default judgment claiming I hadn't responded at all or hadn't responded in time. (LOL) Sorry, I can't give you any advice. I'm not a lawyer and I'd be ashamed to admit it if I were. (LOL) All I can do is tell you how I would deal with the problem if I were faced with the same exact situation which may or may not ever happen. I'm sure you would like to see a sample copy of a graduated denial and I have one in my Google Docs that was advocated by a debt collection lawyer on his web site. Personally, I like another one I have a bit better because it is much stronger but this Graduated denial by a debt collection attorney should suffice quite well and I can't get in trouble for recommending one written by a debt collection attorney. Of course he didn't author it either. The original was authored by a NACA attorney and this guy just copied the original from yet another web site. See, even lawyers steal other people's intellectual property. (LOL)
Great info Cap1...thank you so much. This points me in the right direction. When I try and open your link above I get a "Scripts Parialy Allowed" error and can only see the top of the document. Would you mind checking the link so i can confirm the problem is on my end? Thaks again for your help. I will provide updates as I move through this process.
No, that's not an error. What you are looking at is a screen shot of my computer screen as it viewed the webpage on the attorney's site. I've had that screen shot for a long time now just as I have saved a great library of screen shots of various web sites. I can either take a still shot or do a video take from any of my computers then either post the screen shot or edit the resulting video and even take individual scenes out of any movie or any TV show or video I want. An example of that is a fellow came to me several years ago wanting me to help him with a custody case of his grandson. A local Hispanic TV station had done a news video of a Gay Rights parade and this guy's grandson was on one of the floats. He was wearing a T-shirt that said, "I have two mommies" and Grandpa saw it on the news and did a vcr tape of the news cast. Grandpa was absolutely livid over that. He wanted a still shot of his grandson with that TV shot to use as evidence of what those two "mommies" were doing to his grandson while in their custody. He even had video shots of one of those two "mommies" kicking and beating the kid. I cut out the frames and made full color prints for him. Then he took the pictures I made for him and took them to the tV station to get a copy of the news cast and the technical crew at the TV station said they didn't know that could be done. They were amazed but Grandpa got a copy of the tape direct from the Tv station that he would not have been able to get otherwise. They claimed they didn't know what news cast he was talking about. Said they never taped any gay rights parade but when he showed them the pictures with the stations logo in the lower right hand corner they couldn't deny the evidence before their eyes so they somehow suddenly found the tape. (LOL)
I was served by an attorney out of San Diego, Ca today on behalf of Capital One and I too have NO idea what to include in a response that is to be submitted within 30 days, please help!!!
I'll try to give you an idea of what to do but that won't help you do it. There is a huge difference between knowing what to do, how to do it and when to do it. Here is what you need to do. First thing to do depends on whether or not you have received any previous communication from the lawyer and when you received it. If no prior communication or prior communication still within the last 30 days prepare a debt validation letter. Second thing to do is prepare your response Third thing to do is prepare your certificate of mailing. Fourth thing to do is prepare your list of admissions demands. Fifth thing to do is prepare your certificate of service. You will need to get a copy of your local court's response form. The clerk of the court will tell you how to get that off the internet or you can go down there and get it in person. You must use their civil cover sheet then attach your response to it. Most states don't require civil cover sheets but California is among those who do. Then file the civil cover sheet, your response and your certificate of service. All documents except your civil cover sheet and your certificate of service must be mailed to the plaintiff's attorney certified mail return receipt requested. You can find more helps by clicking on my google docs link below but I still can't give you legal advice because I'm not an attorney.
Are you sure capital one is the plaintiff named in the complaint?I have been sued by debt collectors for capital one charged off accounts in the past.
The original poster may wish to ask the Plaintiff's lawyer, although it should be clear in the pleadings.
They used to let TSYS of Georgia do all their lawsuits. TSYS would hire the lawyers and file in the name of Capital One. Not any more. We broke them of sucking those eggs. Now they let debt collectors attempt to collect but if they determine that they can't get any money out of the debtor they have to turn it back to Capital One who then hires the lawyers and files in it's own name. There is little or no chance that Capital One is not the real plaintiff. Not any more.
