Settling With Capital One Bank Credit Card Debt Lawsuit

De BISAWiki

I’ll just throw this out there….. being sued by an Original Creditor is a terrifying thing as you know darn well they have all of the documents to nail you to the wall OR DO THEY?
Capital One sued me in Indiana and didn’t attach anything yet a Garbage Affidavit without an account number listed on it yet yet this individual swears this is my account? I don’t think so.
I figured I had nothing to lose and filed for a Motion to Dismiss Case for Failure to Comply with my court rule (not attaching the contract)
Now again I knew I was screwed and was primarily toying with them to see what they had on me. The Case Was Dismissed Without Prejudice and I literally LMAO. Until I received within thirty days an Amended Complaint (which they did fully wrong) yet anyways Every SINGLE CREDIT CARD STATEMENT & an affidavit from somebody who works for Capital One Bank was now attached to the Newly Amended Complaint.
I thought undoubtably I was screwed and filed a Movement to Strike the Affidavit as it ididn’t even list my account number on it, and it had an address from when I lived in Illinois so I claimed Statute of Limits among other things.
Well the Judge set this for hearing and Capital One’s Lawyer showed up pulled me into a room and basically told me that I needed to settle simply because I was going to lose at the Hearing.. I told him NO what you did was wrong, your affidavit primarily sucks, and to see what the judge had to say he kept telling me I was wrong and required to settle this prior to the hearing I told him I do not have to do anything.
Was he mad? Definitely. Did I care? Definitely NOT.
To make a long story short the Judge explained that they filed their Amended Pleading wrong and required to re-file it the suitable way and then he would rule on my Movement to Dismiss and Motion to Strike. I just held in my laugh and which was that.
I waited thirty days in which they were allowed and guess what? NO AMENDED PLEADING was given by them and the Judge Granted my Motion to Dismiss and Motion to Strike the Affidavit and I won the case.
Moral of the story is that if you've time on your hands why not see what they've on you? Not each lawyer does every little thing correctly.
And the word out there online is that Capital One has their stuff together when it comes down to a lawsuit……. NOT IN THIS CASE.
If they had every single single credit card statement and an affidavit why didn’t they just amend their complaint the proper way?
Since they were looking for a straightforward settlement, they knew I was going to fight them til the end and well, they just gave up and moved onto the next effortless DEFAULT JUDGMENT simply because they couldn’t get it from me.
Now individuals, I knew when I was sued that I was screwed. Yet I figured Let us SEE WHAT THEY GOT and how far I can take this previous to settling.
So I won and that is that, see midland funding lawsuit!