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I have a my Capital One Credit card involved in my debt management program and they have received monthly payments. I got papers over the weekend from the small claims courthouse that they are taking me to court. Why would they agree to the payment proposal but still take me to court. I can't afford to have my wages garnished....I have so many creditors that I owe I can't even afford to have them all listed in my debt program right now. The thougt of bankruptcy keeps entering into my mind....but I'm really scared. My total debt not including car and student loans is 13,071. That includes 8 credit cards and about 14 PDLs and things in collections as far as medical bills and old utilities. I'm afraid that all the other credit cards are going to start coming after me in the same manner now. My Discover card is also in my program but they are starting to call me now because they are wanting to charge off my account...I don't need them trying to sue me as well.
I'm not sure what to do about this?

Posted: Mon Jul 24, 2006 10:16 am Subject:

See the dates when Capital One has issued the court papers. Also, verify if the payments were done after those dates when the court papers were filed. If this is the case, this company doesn't have a strong reason to sue you in the court. It's just that you have to call them and notify the payments so that the case can be withdrawn.

In case, the court papers have been filed after the payment has been collected, you need to show your proof so that the judge makes the decision in your favor. The case can only become stronger against you if the payment has not been posted towards the account. Is this account included in the consolidation program? If so, you need to talk with the counselor also.

Posted: Mon Jul 24, 2006 12:08 pm Subject:

They have been in my consolidation program for two months now and the papers were filed in between the first payment and the second payment they just received. So the papers only show me making one payment and there is also a statement on there saying I am refusing to pay the debt which is not true. If I'm refusing to pay this debt then why would I have them listed in my consolidation program. I've been doing research on this Kohn Law firm and I've also talked to my credit counselor. They just want the money faster and its a way for them to try and get a percantage of it. My counselor also informed me that I can file Chapter 128 (STATE OF WISCONSIN RESIDENTS ONLY) and it's a 3 year debt repayment program that prevents any judgements from happening and interest from accruing. It cost less than 100 to file and it goes through the courts so any creditor I list will have to follow it. Capital one is going to be the first on my list...YEAH FOR WISCONSIN AND CHAPTER 128

Posted: Mon Jul 24, 2006 1:29 pm Subject:

If this type of bankruptcy works for you without many negative consequences, got for it. However, I will suggest using it for such companies like Capital One, HSBC who are the toughest to deal with and won't accept any payment arrangements. Since the court paper was filed after the first payment done by you and you have proof of the second payment also, the company didn't have a strong case against you in any way. Ask your counselor if you really have to file this bankruptcy. Can this matter be solved in the court without filing for bankruptcy? (My thoughts)

bettyb · Posted: Thu Aug 21, 2008 10:18 pm Subject: Kohn law firm

I too was taken to court by Kohn law. I showed up and by luck they had misspelled my name so I used that as a defense and asked for validation. Their lawyer said I was not entitled to validation, why is that? I was given a trial date and now have to file answers as to why I am contesting. Oh and they didn't even have my ss# to verify my identity.

Posted: Fri Aug 22, 2008 3:14 am Subject:

A clerical error will not be enough to dismiss a suit. You are entitled to validation but you now must follow your local rules of civil procedure in order to receive it. This will have to be in the form of Discovery, Interrogatories and Requests for Production of Documents. What state are you in?

BettyB · Posted: Fri Aug 22, 2008 5:49 am Subject: Kohn law

I live in Wisconsin. What is Discovery? I am trying to fill out form SC-5200V to answer why the matter is contested. Do I have the wrong form and what should I be doing? Thank you.

Posted: Fri Aug 22, 2008 6:44 am Subject:

Betty,

When was the last time you paid on this account?

Posted: Fri Aug 22, 2008 6:49 am Subject:

Kohn law firm is very difficult to deal with, even if your making payments they are all about trying to sue everybody.
Since you live in Wisconsin maybe you should look into Chapter 128. Chapter 128 will stop a judgement.

BettyB · Posted: Fri Aug 22, 2008 7:45 am Subject: Kohn Law

I haven't made a payment since the year 2002. This was to another collection agency though. I have all my old records. To the original creditor it has been since 2000. There was no bad checks it was a clothing card not even a credit card. The only place you could use it was online. Their lawyer was mad that I asked for validation and whined that he could not get everything I asked for in my letter of validation that I presented to him. He also told the judge that I could not ask for validation. Now I have to file a response to the complaint withing ten business days and I am unsure what to put down. Oh and the collection calls are getting desperate. I keep getting one every few minutes.

Posted: Fri Aug 22, 2008 8:55 am Subject:

Find out exactly when that last payment was made in 2002. Not only does WI have an SOL but they also have a Statute of Repose which extinguishes the debt upon expiration of SOL. If it has been 6 years, then the debt is legally extinguished and uncollectible. Twisted Evil

Wisconsin

SOURCES: Codes, 1880, Sec. 2685; 1892, Sec. 2755; 1906, Sec. 3115; Hemingway's 1917, Sec. 2479; 1930, Sec. 2313; 1942, Sec. 743

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.ht m&vid=WI:Default&d=stats&jd=ch.%20807

893.05 Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.

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