Settling With Capital One Bank Credit Card Debt Lawsuit

I’ll just throw this out there….. being sued by an Original Creditor is a terrifying thing since you know darn well they have all the paperwork 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 person swears this is my account? I do not think so. I figured I had nothing to lose and filed for a Movement 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 30 days an Amended Complaint (which they did entirely wrong) but anyways Each and 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 beyond doubt I was screwed and filed a Movement to Strike the Affidavit because 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 amongst other things. Well the Judge set this for hearing and Capital One’s Lawyer showed up pulled me into a room and essentially told me that I needed to settle since 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 needed to settle this before the hearing I told him I do not have to do anything. Was he mad? Definitely. Did I care? Certainly NOT. To make a long story short the Judge said that they filed their Amended Pleading wrong and needed to re-file it the right way and then he would rule on my Movement to Dismiss and Motion to Strike. I just held in my laugh and that 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 Movement to Dismiss and Movement to Strike the Affidavit and I won the case. Moral of the story is that if you have time on your hands why not see what they have on you? Not each and every lawyer does every little thing correctly. And the word out there on the internet is that Capital One has their stuff together when it comes down to a lawsuit……. NOT IN THIS CASE. If they had every single credit card statement and an affidavit why didn’t they just amend their complaint the suitable way? As they were searching for an easy 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 since they couldn’t get it from me. Now individuals, I knew when I was sued that I was screwed. But I figured Let’s SEE WHAT THEY GOT and how far I can take this prior to settling. So I won and which is that, see midland funding lawsuit!