Author Topic: Being sued by Cap 1  (Read 3565 times)

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KFMAN

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Re: Being sued by Cap 1
« Reply #15 on: January 07, 2011 03:04:27 PM »
This might also help and do a search on the home page for answers.  I would also try to get this out of court and into CONTRACTUAL Arbitration(JAMS or AAA) listed in the terms and agreement of the contract. 

http://www.debtorboards.com/index.php/topic,12347.msg90504.html#msg90504

78741600

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Re: Being sued by Cap 1
« Reply #16 on: January 15, 2011 08:15:59 PM »
KFMAN/Anyone,

Advise needed. I read the ARB I looked through every statement and anything from Capital one and do not see anything that had Arbitration on it. Not sure if Cap 1 updated over the last few years or what but could not find one and went to link on DB that goes to credit card agreements and the Cap 1 agreement there is the latest and do not see Arb on there either.

Well I had a deadline to reply to Admit or deny and Interrogatories. I did not want to file late so I answered and submitted on the last day and sent lawyer certified copy. However, I the admin at clerk office could not help me in filing correctly to request disclosure from Cap 1 and lawyer. I am trying to go to law library per clerk to get some help but also could not find rules for requesting disclosure from them whether a counter suit is needed.

Clerk said I can make amend my answer so long as I send a copy to the credit lawyer too.

Any idea where I can get rules for court for counter suit or request for disclosure. I found a few Texas sites but they reference supreme court rules.

On my amendment I want to add my request for Arb before a court date can be set.

I was not quite ready to submit answers but per the court when I asked them I only had two weeks to answer. The lawyer went almost a month before to file but when I was served on 12/27 it gave me til the next Monday after 10 days to respond.


  • Any idea where I can find Arb agreement in Cap 1 credit card since I cannot find in my paperwork?
  • Any idea where I can find Texas court rules so that I can amend and find steps to request disclosure

78741600

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Re: Being sued by Cap 1
« Reply #17 on: January 15, 2011 08:52:05 PM »
I found the court rules easy this time

If I need help or had questions the clerk should be able to help right?


moosie

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Re: Being sued by Cap 1
« Reply #18 on: January 15, 2011 09:01:23 PM »
here is one

78741600

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Re: Being sued by Cap 1
« Reply #19 on: January 15, 2011 10:16:31 PM »
moosie,

Thank you

 

credit