Being Sued by Attorney for Cap one

[dystopia]

He filed motion to dismiss my counterclaim, looks like I missed the filing deadline. Those clerks were real asses, they wouldn't tell me what the deadline was because "I should hire a lawyer".

I should have been able to find that myself but I'm just learning the ropes here and they really obstructed me good, it also doesn't help that I'm learning as I go. Two months ago I didn't know what a affidavit or a motion was.

Well I'll write a letter to the head clerk and bring it with me to court, but my counterclaim seems to be doa and I may not be able to make him answer admissions.

That's ok, I filed motion for summary judgement with memoranda supporting each point of law.

I put the ball in his court to prove SMJ and to produce a contract and a competent witness.

I have an affidavit on my side, he a pile of laserjet printouts with my name on them.

[onesentient]

So how does one know if an attorney is actually representing the OC?

In my situation, the attorney that is representing the OC (who is suing me in small claims court), had in the past sent me a letter stating that "this communication is from a debt collector"; "We suggest you send a check or money order for the balance due to....THIS ATTORNEY"

So how would I know, or how could I find out if this attorney is actually representing the OC or bringing the claim herself??

[dystopia]

Well they got my counterclaim dismissed over service (beginners mistake not putting the attorney's name on there).

It looks like motion for summary judgment may have been dismissed too.

So I'm going to trial in a couple days with nothing on the record.

They have not taken issue with any points of law, they just keep getting anything I file removed from the record.

[dystopia]

Originally Posted by onesentient

So how does one know if an attorney is actually representing the OC?

In my situation, the attorney that is representing the OC (who is suing me in small claims court), had in the past sent me a letter stating that "this communication is from a debt collector"; "We suggest you send a check or money order for the balance due to....THIS ATTORNEY"

So how would I know, or how could I find out if this attorney is actually representing the OC or bringing the claim herself??

You can be pretty sure that it is not the OC.

But the burden to show standing is on the plaintiff.