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You cannot blanket deny everything just because the did not validate. The court proceeding is the ultimate validation.
Capital One generally incorporates a Choice of Law Provision in the card agreement. Capital One has chosen Federal and VA law. The SOL in VA for an open account is three years. The VA Supreme Court and codified by the VA legislature, credit cards are open accounts.
If your state has a "borrowing statute", then do a MTD incorporating a MSJ and be done with it.
BTW - when you filed your answer, did you include the SOL as an affirmative defense?
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It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
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