Legal Question in Credit and Debt Law in Missouri

Pre Trail Hearing

Recently I was surprised by a summons about a credit card I thought was cancelled. I called the lawyer representing capital One and talked to a debt collecter there. She told me I was to dispute the debt back in March 2007 and I failed to do so so she did not have to send me anything. I ended up showing up in court and asking for a pre trail hearing. I was instructed to send a certified letter asking for validation of proof. I did that and the debt collector I talked to called when she received it and said she will send me what I asked for when she gets the court papers regarding the first court date. I received mine a week ago. Unfortunate I do not have a copy of that letter I sent her because my PC crashed before I could get another printed but I do have the receipt I sent it certified mail. My question is if she does not send me proof before the next court date do they stand a chance of proceeding to a trial?


Asked on 9/18/07, 3:31 pm

3 Answers from Attorneys
Anthony Smith LawSmith

Re: Pre Trail Hearing

Now that they have filed suit, a mere letter may not suffice to force disclosures. There are rules about Discovery requests. If you do not comply with them, the other side may not suffer any consequence for not giving you what you want.

You may need to do some research at a law library, or consult directly with an attorney, who would then have access to the specific facts of your case.

Good Luck

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Answered on 9/20/07, 11:36 am
Greg Kessler Frankel,Rubin,Bond and Dubin, P.C.

Re: Pre Trail Hearing

Contact me I can help. I handle numerous cases against Capital One. Contact me at [email protected]

Greg S. Kessler

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Answered on 9/18/07, 4:13 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Pre Trail Hearing

You need to hire an attorney, but I would warn you against hiring any attorney who only posts responses to questions on this site in a sleazy attempt to solicit business. There are many attorneys available who routinely represent defendants against credit card companies, and we have been having a great deal of sucess in recent times due to several appellate court decisions upholding the rights of consumers. I wish you the best of luck.

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Answered on 9/21/07, 12:25 am


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