So I filed an answer and a motion to dismiss on December 12th. I realize now I should have only filed the motion to dismiss. Sadly I trusted someone at the clerk of courts who said I should file an answer at the same time as the motion. Yesterday I received new requests from the attorney (first set of Interrogatories, first request for production of documents and request for admissions). They also want 5 years of bank statements. They never responded to any of the items I brought up in the answer or motion to dismiss. Has anyone gotten to this point?
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Second round of documents from attorney for Capital One Lawsuit
Eileen · January 8, 2026
3 replies
Pro_sayer · January 9, 2026
Your motion is still pending. It needs to resolve before anything else can happen. The better question is why didn't they respond to your motion. Don't reply to the broad probably bologna questions. 5 years of bank statements is wild I am pretty sure the court will understand that it is not relevant or frivolous question as I am sure most of their questions are. They are suing you. Stay focused on what they don't want you to have which must be somewhere in your motion. They basically started kicking and screaming but look over what they asked for should imply what they don't have. You must have struck a nerve.
brian · January 9, 2026
Have set a hearing date for the Motion dismiss after seeking a date from the Court? You have to have a hearing date to be "heard." Then supply everything to the other side. Good luck.
roy · January 12, 2026
This is exactly why i filed a motion to dismiss with secondary relief to produce more definitive statement first before filling an answer also keep in mind you can also sue them in federal court for FDCPA violations and such and ask for a stay in the state court pending federal case @Brian do you recommend this ?
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