Legal Question in Credit and Debt Law in California

I'm being sued by Capital One for breach of contract and unpaid balance. In the complaint, there is no copy of the contract I signed, and the account number only shows the last four digits. Can I deny all points in my answer, seeing that there is not enough evidence of breach of contract, nor enough evidence (whole account number) to prove the account is actually mine?


Asked on 5/31/16, 12:43 pm

1 Answer from Attorneys

A plaintiff is not required to put evidence in a complaint, and it is illegal to put full account numbers or social security numbers in public court filings. All a complaint must do is set out the basis for the lawsuit. The evidence is presented in a trial, or a motion for summary judgment if they believe they can prove you have no defense.

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Answered on 6/01/16, 10:07 am


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