Legal Question in Credit and Debt Law in California
I am being sued by a creditor and I have not received any paperwork showing an account number nor a verification of charges and amounts. They were summons by the judge to show just cause, do I have to attend this hearing? Also they have submitted a Case Management Statement yet there has not been a Case Management Review. I have attached the case summary per the courts. What do I do next and do I need legal assistance? Please give me some advise!
Case Number: CAPITAL ONE BANK USA, N.A. VS.
Filing Date: 07/20/2011
Case Type: COLLECTIONS CASE (Limited Jurisdiction)
Filing Court: Michael Antonovich Antelope Valley Courthouse
Status: PENDING
________________________________________
Future Hearings
01/23/2012 at 08:30 AM in department A11 at 42011 4th Street West, Lancaster, CA 93534
OSC - 3.740 COLLECTIONS-PROOF OF SERVICE
________________________________________
History Information
Parties
Plaintiff: CAPITAL ONE BANK USA N.A.
Attorney:
Defendant:
Attorney: None
________________________________________
Party Information
Histories ( Dates listed in descending order)
12/27/2011 CASE MANAGEMENT STATEMENT FILED AS TO (CAPITAL ONE BANK
USA, N.A.) .
11/08/2011 NOTICE OF CASE MANAGEMENT REVIEW FILED BY (CAPITAL ONE
BANK USA, N.A.) .
09/22/2011 CLERK`S CERTIFICATE OF SERVICE COMPLETED AND A COPY OF THE
ORDER ON COURT FEE WAIVER MAILED TO THE APPLICANT.
09/21/2011 CAUSE CALLED AT 08:30A M, IN DEPT. A11 , HON. CARLOS
P. BAKER, JR., JUDGE PRESIDING FOR HEARING RE: DEFENDANT
APPLICATION FOR WAIVER OF COURT FEES AND
COSTS . THE COURT RULES AS FOLLOWS: AFTER REVIEWING
DEFENDANT'S BANK STATEMENTS FROM THE LAST 6 MONTHS, THE
COURT MAKES THE FOLLOWING ORDERS: DEFENDANT'S APPLICATION
FOR WAIVER OF COURT FEES AND COSTS IS GRANTED. CSR: L.
KAHL, #8117 CA: J. BRIGGS
09/21/2011 ORDER GRANTING REQUEST TO WAIVE COURT FEES SIGNED AND
FILED AS TO --AFTER HEARING-- .
09/07/2011 CLERK`S CERTIFICATE OF SERVICE COMPLETED AND A COPY OF THE
ORDER ON COURT FEE WAIVER MAILED TO THE APPLICANT.
09/06/2011 ORDER SETTING HEARING DATE ON REQUEST TO WAIVE COURT FEES
OF SIGNED AND FILED. MATTER SET FOR
09/21/11 AT 08:30A M, IN DEPARTMENT A11 . THE
SPECIFIC QUESTIONS REGARDING ELIGIBILITY WILL BE ABOUT:
ELIGIBILITY - LAST 6 MONTHS BANK STATEMENTS AND 2010 TAX
RETURN.
09/01/2011 REQUEST AND ORDER TO WAIVE COURT FEES AS TO FILED AND FORWARDED TO DEPARTMENT A11 FOR
CONSIDERATION.
09/01/2011 ANSWER FILED OF RECEIPT # PENDING
.
08/31/2011 PROOF OF SERVICE OF SUMMONS AND COMPLAINT; NOTICE OF CASE
ASSIGNMENT, ADR PACKAGE FILED. SERVED AS TO
07/27/2011 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED
AND FILED BY RANDOLPH A. ROGERS TO SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING
ON 01/23/12 AT 08:30A M., IN DEPT. A11 . CERTIFICATE
OF MAILING FILED.
07/20/2011 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
022.
07/20/2011 SUMMONS ISSUED.
07/20/2011 SUMMONS FILED.
07/20/2011 NOTICE OF CASE ASSIGNMENT ON FILE. CASE IS ASSIGNED TO
DEPT. A11 OF HONORABLE RANDOLPH A. ROGERS .
1 Answer from Attorneys
You are trying to defend yourself in a credit card collection case, but you don't know what you are doing. You should have never filed court papers without consulting a lawyer first. By doing so you may have made mistakes that can't be fixed. Missing from your story is the reason why you feel you should win your case. Is this not your debt? Did they wait too long to sue you? You say you have not received validation of the debt. If you would like to receive "charges and amounts," you will have to serve Capital One's attorneys with "discovery." If in fact you do feel you should win the case, you should retain a lawyer experienced in defending consumer credit lawsuits, because your contract with Capital One says that if you win your attorney fees will be paid for. I have received many thousands of dollars from Capital One by winning lawsuits for consumers. From what you say in your post, you are certain to lose unless you get legal help right away.
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