I wanted to start my own post because I just felt bad hijacking everyone else's. I'm asking for some advice. I'm very confused mainly because I've been reading too much stuff on the internet about this subject and there are many conflicting opinions. What I need is fact and if anyone has any references to case law regarding my situation, please share.
Late last year I received a letter from a law firm that does collections, so I threw it away like it was another collections letter. At the beginning of this year the phone calls started. I'm very shy on the phone so I tend to not answer, especially if I don't know who's calling. Messages were, "This is blah, blah, and blah for Capital One, we need to talk before this goes to court..." The phone calls stopped, and about a month later the summons came.
I attended the pre-mediation trial, where I denied everything. The only reason I knew what to do is because I happened to see my husband's lawyer there. He looked over my case and started saying something about SoL. He asked about the dates and when I made my last payment. My date was different from what the complaint said so I was told to deny everything and get a court date.
After the mediation, my husband's lawyer told me to write a letter to the law firm asking for discovery. Which I did with help from my sister who is a lawyer in NY. She basically proofread and threw in some language for me. The Capital One lawyers responded by saying, "Objection, overly broad and not tending to lead to discovery..."
This is followed up by a letter for discovery and interrogatories (yikes!!!) from the Capital One lawyers. I just sent out a second request for discovery. I just straight up asked them what documents they were intending on using or relying on in court.
This is where my confusion starts. I've read the florida statutes on this subject. I don't understand what the 'cause of action is.'
I looked at my case documents, and there is reference to the 'Credit Card Agreement.' They are saying I 'breached the Agreement.' After reading the 'Agreement' I found that anytime you are late making a payment you are in default and have breached the Agreement. Is this the 'cause of action?'
This would mean if I stopped paying 9/01, I defaulted 10/01. Is this when the SoL starts to toll? I have credit reports from all 3 bureaus that also comfirm the date of last payment along with other information. What scares me is that I saw something about SoL starting when an account is charged off. The account was charged off the 7/02 at which point it was also closed and which is also the date they are using as my default date. How can this be when, according to Capital One, I breached the Agreement 9 months prior to that???
So now I patiently wait for response from my second request.
If anyone can make any sense of what I just wrote please, please let me know if there is any case law that I can use.
BTW, I do plan on having my husband's lawyer represent me on the court day, but using him right now, for all the research, would be too costly. I just need him to argue my case.
M
G-ville, Florida
U.S.A.
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