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Hello,I have a friend living in Ohio being sued by Capital One for a credit card that was created in her name by someone else. What are some strategies for proving identity theft? We have started a police report, and are building a timeline of paperwork listing her addresses since 2001 when the card was opened. The real kicker is that supposedly the cardholder made a payment in 2009 which eliminates the Ohio SOL. However Capital One has had a couple of cases thrown out because there contract states that they are governed under Virginia Law which has a shorter SOL. There has been no information given by capital one at all (statements, original contract information or any copies of anything at all). We have made a request for production of documents with our answer to complaint but still haven't received anything and the trial date is approaching. Any help would be appreciated!
Optional Information: Country relating to Question: United States State (if USA): Ohio
Hi, Dylan, Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help You must immediately file a "Motion to Compel Production o Documents", informing the ourt that: 1. You requested the documents on ___________ , 2003 2. Plaintiff is the sole custodian of these documents and you cannot get them anywhere else 3. These documents contain all the information you would need for a defense
4. Plaintiff's failure to produce these documents should be construed by the Court as withholding information which is entirely favorable to Defendant If they still do not give you the documents, file a "Motion for Sanctions", requesting, among other things, that the "Plaintiff's Complaint be Dismissed with Prejudice" which means that they would be precluded from refiling another law suit against your friend. With the documents you requested, you could show, amon other things, the following:
Original agreemet/application - Employment - Never worked there; address -Never lived there; signature - Does not belong to your friend, it is forged
Statements with receipts signed by your friend - Distance of stores from where your friend lives, not her signature, Can show by dates of purchases that she was away, or far eough from the store that she could not have made any purchase Statements will also show to which address they were sent As you can see, the two motions I stated above are extremely important and hold the key to her defense and the dismissal of the Complaint Please be kind enough to leave some Positive Feedback, Thank you, ANDREA
Is there a particular format needed to file a motion and does it need to be filed before the trial date?
Also to present information in court, such as w2's, utility bills etc do they need to be filed with the court before the trial?
Hi, Dylan. I was unable to find form for the motion, but here is what it should contain what I have listed below. This should be filed well in advance of the hearing date
Identify the nature of the case - The case caption - CapitalOne vs. _______
Identify the documents you requested and the date you requested them and explain If they have refused to produce the requested documents, attach a copy of their letter. If they have simply ignored your request, state that they refuse to discuss anythig with you and state the dates you tried to reach them
State that the other party refuses or fails to answer;
Explain why their refusal is unreasonable - Here you can state that they are the only party who has this information
Ask the court to enter an Order Ordering them to produce X,Y, Whatever you requested,
Since time is of the essence, you should ask for Sanctions in the same motion, if they fail to produce the documents. You would label your motion "Motion to Compel Production of Documents and Sanctions"
Please be kind enough to leave some Positive Feedback, Thank you, ANDREA
Thank you so much for the information you have provided thus far. I'm very young and inexperienced in these matters so any direction is very beneficial in leading me down a path of official looking court papers. So a question or two more and I would most assuredly be accepting your answer. The asking for sanctions part. Are all sanctions the same? Should it be under its own heading in my motion to compel production of documents? Would something like1. The Defendant moves to sanction the Plaintiff on the grounds that they have not produced adequate information for the Defendant to build his/her case ignoring a motion for production of documentsbe acceptable/understandable?
You would state something to the effect of: Defendant respectfully XXXXX XXXXX Honorable Court to sanction Plaintiff for failure and refusal to produce documents requested by Defedant and without which information Defedant is unable to present any defense, by dismissing Plaintiff's Complaint with prejudice.
Sorry last question I promise it was one I mentioned above. Do I need to file the timeline with the courts before I can present it during the trial?
The only documents the Court is interested in are the pleadings. Anything else a litigant has should be presented to the Court as part of their case or defense. I would be glad to assist you, but by continuing to Answer your questions I am violating the Terms of Service because they are all new questions and are not asking for clarification of my original Answer. I do not want to get into trouble for this, so I hope you can understand my position,
Experience: 25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law