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 Posted: Wed Jan 09, 2008 7:21 pm |
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i live in tennessee and am wondering about capital one using virginia laws as the choice of law provision. if so would that effect sol ? in tennessee it is 6 years in virginia it is 3 ?? any advice would be helpful.also assignment sheet has never been produced but the collection agency who hired the attorneys name is not listed on any papers they use thier address but say the business at thier addy is capital one bank
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ChristiXOXOXOX
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| Posted: Wed Jan 09, 2008 8:13 pm |
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The SOL applies for the state in which the debt originated. Also, two questions:
1. Who is collecting on it?
2. Who is the attorney representing them?
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| Posted: Wed Jan 09, 2008 8:51 pm |
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the summons states the plantiff is capital one bank and according to the attorney it is capital one bank but i asked the attorney why the address came back to trak america not capital one bank he said they was a legal service ... the attorney is a Grisham Knight & Hooper in Chatanooga Tn
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JCEMT
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| Posted: Wed Jan 09, 2008 9:10 pm |
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It appears that they are junk debt buyers. Which means they probably didn't fill out the complaint correctly. Thats grounds for dismissal without prejudice (meaning that they can refile)
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| Posted: Wed Jan 09, 2008 9:12 pm |
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SOL for credit cards is is determined by the state that you reside in since that is the court jurisdiction that would apply. If they were to attempt to get a judgement, they would have to file in the county that you reside in, thus the laws of that state apply.
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SOAPLADY
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| Posted: Wed Jan 09, 2008 9:46 pm |
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so you are saying that since trak america.s name is not on the summons that is grounds for dismissal? and also what does this do to any papers they have shown?
would that make them bogus or invalid? if sworn to be accurate because the name swearing the debt and amount was correct was a trak america employee
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ChristiXOXOXOX
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| Posted: Thu Jan 10, 2008 6:19 am |
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If they are a debt buyer (junk debt collector) and they have purchased your debt from Capital One, and Capital One no longer has any claim to that debt. You bet it can get tossed out. Now the thing about swearing to things on paper is interesting. Unless the person is there to testify to it, your legal council can object to it as hearsay.
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