Sadia Nazir asked 2 months ago
I lost my trial today.I sent mulitiple validation, securitization requests as i recieved the summon.The signed contract or application,A full itemized account history,Proof of ownership or assignment,And validation of the debt under FDCPA § 1692g.Each time, I only received generic monthly statements—no signed agreement, no chain of title, and no assignment documentation.Capital One later admitted in writing that they do not have a copy of the contract because the account was opened online or by phone—yet the court accepted a boilerplate Cardmember Agreement with no dates, signatures, or linkage to me.The affidavit submitted was signed by one person, but a different, undisclosed Capital One employee testified at trial. I objected to the witness discrepancy and the lack of personal knowledge, but this was overruled.When I raised these issues at trial, the opposing attorney repeatedly said “there’s a way to request that,” implying I had not done so—even though I had submitted these exact requests through discovery and repeated them throughout the litigation. The judge sided with them, despite my documentation and objections.None of my defense exhibits were admitted into evidence. These included dispute letters, Capital One’s own responses, CFPB complaint material, and legal arguments related to standing and improper service.The court ruled against me, imposed a $15,000 appeal bond, and never addressed my claims under FDCPA, the VCPA, or my constitutional right to a fair hearing.What should i do? I have spoken with 7 lawyers and i have fought harder than anyone i know. but I am not good with representing myself.
Brian Parker Staff answered 2 months ago
It appears the judge really did you wrong-why is he imposing a bond? what are the rules on that in your state. Did you engage Cap One in settlement discussions prior to the hearing with the Judge? You can still appeal. A bond generally does not mean you have to lock up $15,000 but that judge doing that may mean you had something there and he does not want you appealing. I don't know. As I made clear to you, I can't argue in your state or give advice and I know what works in front of fair courts. Something is missing here. Yes, I know how hard you worked and we had discussions on this. But did you seek to settle this or just went all in for the whole amount? That can piss judges off regardless of whether they are right to be less than neutral over these matters? He clearly had a side in the game. Hope you can appeal. The board has wins and losses and I feel a part of everyone. But I am helpless either way. BPP
Brian Parker Staff answered 2 months ago
It appears the judge really did you wrong-why is he imposing a bond? what are the rules on that in your state. Did you engage Cap One in settlement discussions prior to the hearing with the Judge? You can still appeal. A bond generally does not mean you have to lock up $15,000 but that judge doing that may mean you had something there and he does not want you appealing. I don't know. As I made clear to you, I can't argue in your state or give advice and I know what works in front of fair courts. Something is missing here. Yes, I know how hard you worked and we had discussions on this. But did you seek to settle this or just went all in for the whole amount? That can piss judges off regardless of whether they are right to be less than neutral over these matters? He clearly had a side in the game. Hope you can appeal. The board has wins and losses and I feel a part of everyone. But I am helpless either way. BPP
Please login or Register to submit your answer
