Capital One is suing me!

You may follow the steps as mentioned below for answering summons: -


Please answer the summons otherwise they will get a default judgment against you, which in turn is not at all desired.

You may go through the following thread for clarity: -

Sued by Javitch, Block, & Rathbone for Capital One, what to do?

Thanks phoenix. I called the attorney's office listed on the summons. The lady on the phone says the only options I have are: A) pay $650, in full or B) make a payment arrangement for the full $804 and interest will still accrue. Both of these amounts seem insane to me since the limit on the card was only $300. I called Cap One thinking I would do better speaking directly with them. The automated system asks for my cc#. When I enter it, I am connected to a voicemail for "National Attorney Network"... Is there another number for Cap One besides 800.955.7070?

Contact details of Capital One Credit: -

happy holidays! i haven't had any luck finding another number for capital one. i did leave a message with the "national attorney network" but i haven't heard anything back. it's been at least a week. i just trying to figure out if the law firm is really representing capital one and if i can speak directly to capital one to cut a better deal than what their attorney offered...

i answered the summons requesting proof that the debt is valid, etc. and sent the attorney and court a copy via certified mail. a few days later, i received a postcard from the court with a non-trial court date. does this mean the attorney does or does not have to produce proof of the debt? the attorney is still calling me several times a day, leaving automated voicemails. is this even legal seeing as how we are going to court? the end of the voicemail states: this firm is a debt collector. how do i find out if they really are representing capital one or just representing themselves?

As a capital one debt collector myself 1-120 days we are not allowed to leave voice messages on machines. and if people out there are reading his pay attention. 1) be polite, let them finish what they have to say and ask for info on the Cease and Desist info for calls (doesn't stop mail but he calls should stop)Mak sure you give them everything they ask for and ask for for the certified address (I know it but I ain't going to give it out) if your past 120 days then you move to a different area of collections and after 180 you charge off(worse for credit than bankruptcy) then depending on the state and your amt legal might get involved or they might sell your case to another collections company. Lets be realistic 78 dollars in fees a bit much but geeze you borrowed the money and now you just don't want to pay at all ( or can't) there was a time you might have spent time in jail for that (theft)

78$ is a bit much to a person who doesn't have a job!!! The poster did not say they didn't WANT to pay it back they said they CAN"T pay it back...Collector, I'd be careful about what you say around here, if enough people get in this same position you collectors will soon be telling the collectors calling you the same thing, "I don't have a job and can't pay you" !! I mean really---Do you honestly think most people seriously just don't want to pay you back? Come on......

Imale you'de be suprised what I hear on the phone all day. I am extremly careful what I say here. Don't pretend to know me. I'm a very caring person who has the job of calling people up to collect money so I, yes me can stay in my home. I'd rather be back in Manufactoring where I was..or a CSR but hey my wife is one of them and geeze totally different sector and people who don't have any resposibility (she isn't in the financial sector and we shae the basic same stories of rude people all day) I like most people I talk to...feel for them but then again those who are rude..well ya know 78 in fees ain't cutting deep enough into them.

i am sorry you're goign through this. i settled with capital one and remember how hard it was for me to get the money to pay them. lyons is no joke, please be careful and let us know how we can help. you have gotten great advice here :)
btw, i am always all for paying your debt but i do not feel sorry for capital one, they did the same to me.. i "settled" for $700 on a $200 limit! crazy..

Bea2ls, As with most people who work for living we do what we do to survive. I don't condone Capital ones calling practices. Like I've told many the economy is crappy and I really don't see an end yet. I learned that big business lies and don't care for pep talks. They are changing strategies...those of you in debt with them they are bringing those they want "Home" as in internal. Those they don't well you will hear foreign voices. I'm internal..and well lets say not your first voice. I'm not against you guys I feel for you. 200-3000 is for HIGH credit risk...keep under 70% of your available credit at all costs..or they wil eat you alive. If you are 2 days late they are going to call for now and for the forseeable future. Folks good luck and best wishes.

lets be realistic 78.00 may not be alot to some but it is to someone who doesnt have a income. I myself know that i have been here and you feel enough shame that you cant pay your bills without someone on the other end treating you like you belong in jail. Lets face it, most of us have been to this point were it is either pay that bill or not eat for the week. What do you think is going to be the logical thing to do? I am no longer ashamed of my situation, but believe me capital one is not starving thier children over a few debts that are in collection.

guest, i understand and i did settle but my opinion still remains the same and i still agree with love_my_things and others who have the same opinion.
i am not blaming the workers or collectors though. i know they have a job to do. i meant actual capital one i will never ever have a card with them again (and they actually asked if i wanted a new one alreadY!)

OK for one I don't have their card. there's a reason for this....I was in my apartment with a 50k a year job and they gave me a 1500 credit card. Um lets say good at first then I got a 8000 discover card....hmmm BYE capital one. Folks here's my deal I owe about 4000 on 4 cards total with total credit available at 65000. Credit card companies don't tell me they will charge me fees My check card has more overdaft proection than most people have available on their cards...I don't have a 1.4 million dollar house getting ready to be foreclosed on I have a less than 100k house period. You see when and this is unlike my wife. When I bought my house I didn't ask what I was "qualified for" I asked what the payment I wanted with the interest I was going to get or no house was going to get me and there I went shopping for less than 100K house. I bought a flat screen LCD TV 32" class 2 weeks ago (my wife says I'm cheap..I make less than her) 720p HDTV hey its clear to me and 500 dollars and PAID for. I make about 12.15 an hr I used to make 18 but then this economy set in. If the economy is going to turn around..Obama and our goverment need not give us money but tell us that we will have jobs and get this fear mentality out of us or he's gonna be a one term president and congress will be full of republicans in 8 years. I blame over spending and greed on the economy. Gas at 4-5 dollars just put the nail in the coffin.

Beware of anything to do with Capital One because they will sue you for any amount. They do not care. I am still not clear if they are the actual suers or if the attorney offices bought the debt and are now collecting through court. If you will notice, the attorney offices on most of these are offices that specialize in debt collection only. If I had to do over again, I would have never taken a card out with them period because of the way they operate and I have had other people say the same thing.

guest7590 - i hope you didn't take offense to my post i appreciate your inside look. i guess i have just been grumpy lately and bitter towards capital one, heh.
i have a job in foreclosure and alot of people who have their houses taken away see us an uncaring. but i do try to help them by pointing them to where they can get legal advice and state programs etc. its a government job and believe me, i'm (my whole office actually) isnt the ones doing it. the people they owe the money to are moving ahead, and we just data entry. we serve summons, do bank levies, foreclosures, wage executions and we are not popular. so i understand 100% where u are coming from. :)

in the long run you would have to agree that the % that they charge, they get more than what is charged even if you do settle. for example i have a capital one that i am current on. I used it when i really needed it and charged 300.00 to it. I havent been able to pay it off and my percent is 19%. they are going to get well more than what i charged till i get it paid off. another example was i had settled my discover. I charged about 2,000 to it and till it was all said and done they wanted 5,000. Now i paid on that 2,000 balance for 3 years never getting anywere with my payment. so believe me making them 200.00 payments every single month for 3 years they got well more than what i charged on it not including what i settled with them for. They pulled the sneaky get in 0% and when i started charging it went to 25%. i could never get the balance to move more than 10-15 dollars a payment, while making 200.00 payments. (sorry if this dont make sense but i think you will understand) Discover card got out of me to my calculations got out of me 8,700.00 for my 2,000 charge this includes my settlement amount. that, and they also got to use a portion of my settlement amount as a tax right off. This is just 1 account me alone, they got 4 times back than what i charged.

I really don't take insult from anything people say to me here. You're being honest. I'm being honest. The things people say on the phone aren't directed at me their directed at a company. I just happen to have my ear to the phone. One customer decided to make it personal and I asked his revelance to his account. He told me "I" had called his house. I'm not allowed to disassociate from the company so I told him we called his house. He asked my age,last name, income (none of which he got) Really as far as collectors go I suck at getting the money compared to some right now. There are options sometimes we can get you but let one curse word or insult out and you might as well be talking to a brick wall. apr drops, fee credits all gone..I forget they exist. No have a nice day nothing just the calls will continue bye. I might risk something for politeness but being rude will get you nothing. By the way this is NOT company policy...be mean and we are supposed to deescalate with up to 4 fee credits...then we get to explain why we did it. Sorry grade me down on the call I'd rather give people who are rude to the external companies to deal with. We switch modes tomorrow internally so we'll see how things change. Love my things my 99K house will cost me over 200K in 30 years of payments I feel ya.

personally, I havent had any trouble with my capital one. but then again, this is one of my newer accounts that i have been good with! And as i completely understand that this is your position as your job, I understand you may have not been like the other creditors that i have delt with but trust me before i went into a settlement company i tried negotiating with my creditors before it got to that point asking for anything at all, reduction in interest, payment arrangements, what ever they could offer. And the response was the same with all of them it was not a option for my account at this time. Now I wasnt rude, i was polite and was pretty much begging for assistance. Now i know they do, do these things, but in my circumstances they were not willing to offer me any assistance at all forcing me into a settlement company. And it was then when i started to recieve the rude calls and i had to direct them to my settlement company. I reminded them that i had tried other options before i did this program and they rufused i had no choice. I was always polite yet firm even when they threatened with things that were absolutely illegal. I do agree though that this person on the other end deserves respect just as i do. but alot of times the creditor is completely disrespectful also. So if everyone would consider the others position maybe things wont have to get violent!!!!!

Well right now my options are few at capital one. I you are dealing with us internally THAT may change and others may be brought in. Capital one is bleeding out the old "bad" debt and bringing high value accounts internally. I heard tonight from a customer who said we should give the bailout to the consumer in debt. I'm going to say this...That was not the purpose of the bailouts. It was to get the financial sytem o resume lending. credit was getting so tight that even companies with great credit were suffering from lack of credit. I got cussed out by someone for 5 minutes in a tirade over fees. I really couldn't even talk and finally just hung up. people you're yelling at another human being who has your address and phone number. Do yourself a favor if you feel the need to be ugly just hang up. Turn your phone off a while and settle down. You don't know what that person is thinking or their state of mind. You are putting yourself at tremendous risk of retaliation by a "postalized" collector. Me I just hang up and move on...its a job and I don't carry that much weight on my shoulder about it. Just a thought an piece of realistic advice in this time of predators.

I am going thru a credit situation myself at the moment. My wife and I enrolled in company that is handling it ok I guess. It will take most of the spring, summer and fall to make up for the bills that got piled up over the winter so we can heat our home, and our kids don't have to wear a winter coat to watch cartoons. Then you get collection agencies threatening us the are wages are going to be garnished. I am pretty sure that since I live in PA, my wages can not be garnished for any sort of debt other than child support/alimony, or govm'nt insured loans like student loans and such. It is a very hard time right now for alot of people, and I don't think it will get much better anytime soon. choices need to be made when it comes to food/heat, and bills. Put a health problem on top of that, and it will cripple a family of 4 that avgs 40k a year.

i'm being sued by capital one here in illinois. it's over two cards. each is it's own case. while married the debt is only in my name and only shows me on the complaint filed with the court. on the 1st court date for the first of the cards, went to court when they called my name went up to the bench. their attorney stated what they wanted. judge asked me if this was correct? said i didn't agree and before i could say a word more he declares 'trial' and the other attorney asks me if march 9th good? and that was it...didn't get to say anything, ask anything...and still don't have copies of any of the paperwork

Bustedmp..I'm truly sory to hear this. Guest..you don't know what you owed on your cards? I don't know you situation but Capital one doesn't usually like to go to court unless you fight them there. If you get to that point then you might as well roll over and realize 1 of two things 1)your gonna get a judgement against you 2) file bankruptcy and you still gotta pay eventually. I'm not a collecter in Recoveries (past write off) but their right next door to my area and I hear them when I walk through..threats a ringing..its a whole different game there..they want money and they want it NOW! I want money and I'd prefer not to allow you to see 120 days deliquent because after that the friendlyness goes downhill. Credit cards are no joke..their like high interest mini loans with teeth. If you don't know how to manage our finances then don't get one. or if your unemployed and fall behind do somthin so goodwill atleast..might help in the longrun.

guest, did you try to validate this debt? i am sure someone will come along with more info. I wish i can help more but i cannot :(

bustedmp--been there and dont want to go back. I have been exactly were you are and it is absolutely no fun. Unfortunatly most people dont realize how close some people are to freezing here in the winter. I too live in pa and just had to replace a furnace and let me tell you i was grateful for it last week at -7 degrees here. sadly i had to reuse my credit cards to get it done after i swore id never use them again!
guest 7590- are we to be worried of a disgruntled collector? that should not be a fear, if you are comfortable in your position as a collector you should expect this type of treatment not that it is right, or that people should treat you badly because they shouldnt just as the collectors should not be to the customers, but this is a job were you are calling people for money that they do not have and they are already fustrated about that. When your not sure were your next meal is comming from, you really dont care what that nasty creditor says to you over your 200.00 charge on that card.

thanks to all of you for your help! this is what i gather from you all (please correct me if i'm wrong):
1)lyons, d & veldhuis really do represent capital one
2)when i go to court, i will have to pay (even though i am unemployed)
3)and even though we have a court date scheduled, it is still ok for capital one's attorneys to call me...
btw...i still haven't received anything in the way of proof of debt, etc. that i requested on my answer form. will they show proof in court or should i expect to receive something before then?

Love_my_things fear of collectors is not really what I meant. Hey I signed up for a job in high demand right now. Realize in this economy collectors might be advoiding what people who are unemployed are suffering not that they like their jobs. Thi ain't the time where people are just accepting jobs they like. We really say nothing nasty (atleast I don't) We say the truth you owe money..when are you gonna pay it. I don't want your next meal..but that next meal is really not yours if you think about it. (I'm not this unkind) I want you to think of a worse case scenario of a pissed off collector and get back to me with your thoughts and if they don't scare you they should. Moneyhelp I have no clue as to what Capital one can do at the legal level we can't get money you don' have but you do have a future and probably you will be employed again..then they'll get their money. I don't say what I say to scare anyone I'm not psycho just thinking about what could happen with the info I know is given to creditors.

MoneyHelp, Here are the exemptions of Judgment and Bankruptcy as per New Jersey Law



Real Property: None

If by any chance you don't come under these exemptions then money may be taken out of your checking account or any other source of income or property above the exemption limits, in case court gives such judgment .

first court date on second card is tomarrow. expect it will be the same as first date with other card. it's not that i dispute the debt it self it's the crazy fees, fines and interest rate. when things went south for me i called all my creditors and told them what was going on and was looking for them to work with me. only capital one refused. would not close or freeze account, would not drop interest rate or accept a lower payment...nothing but nasty words. i did try for quite a while...would send in what i could afford but it didn't even cover the interest, fee's and fines...i talked with their folks..said they would be happy to take my money but would not stop calling and harrasing me nor would they do anything else to help. so why keep trying? i started with 11 credit cards about 1 1/2yrs ago? and am now down to 5...2 of whom are capital one who's taking me to court. the others i'm working with and paying on...each of them gets $15 a month as an agreed min. payment i send more if i have it and they know that as i have done it. i make $7.75 an hour working nights so my kids don't need daycare. it's a starter position and pay should go up as time goes on. it's close to home so i can walk and that saves $$$ also. at the moment it's slow so i only get 3-4 days a week so i bring home about $140 pw but i also get medical for my kids and a pention. no i don't get welfare. i think capital one thinks i must have more somewhere and that is why they are doing this. i tried for months to work something out with them...they made all kinds of threats and insults...told my son he would be home less and living on the street...i spoke to them and told them you can't do or say that and told them what i had learned from this site...that's when they stopped talking to me and filed papers...surprise...i showed up in court....i will if given the chance show the judge the info i have and tell him my side.

First of all I never had a polite debt collector. They in my experience have been rude and nasty right off the bat. And believe me, we know if we owe or dont owe the debt what we shouldnt owe is when we ask for help or assistance to get price gouged. Being taken advantage of when times are the worst for that particular person. Times are tough in our family right now and our bills are paid, but believe me, no matter how bad things got i would not take a job that got me so upset that i could physically harm someone. If you want to know why people get angry and yell and scream at collectors the perfect example in the post above. The told her children they would be homeless. Is that stating a fact? You are a collector is this legal practice? I think not. Its not like this is a freak incident. It seems to me that when i was in debt trouble I had more collectors that showed this side of collection because they think people do not know any better. But thanks to forums like these people are becomming aware more and more everyday. I was threatend to be put in jail over a 300.00 credit card. is this legal,polite, or just stating a fact? No its a way to scare. And as for my next meal, yes it is mine. There wouldnt be so many people in trouble right now if they were being realistic not greedy. I dont mind paying a % for borrowed money but 20+++% plus annual fee, plus mantainence fee, plus over the limit fee, plus late fee, plus whatever make it impossible for people now adays. They are getting richer while the people are getting poorer. This is the nature of the job and I opologize if people are nasty to you but it is the nature of the job(if you dont like it quit). You may have not been the one earlier with threats but someone has or they would not be nasty for no reason it is out of fustration trying to make a go of it, screaming for help and no one answers, begging for something and getting denied. For the most part, people try to get help first, like the post above and get regected over and over

LMT...so very true. you try to be honest and do the right thing and you get treated like dirt. no not all collectors are nasty but most are. i'm not sure why they can't conceive of the idea that some really do live on that little of income. that does not mean i'm lacking in intelegence only that things are hard at the moment. no i'm not willing to make my situation worse by getting some pay day loan just to make you back off. two wrongs don't make a right.

a little mutual respect is in order here, unfortunately this will never happen. I have never been rude, to a collector not even when they were rude to me or threatened me. So comming to this site and making it out that it is all customers just being nastly to collectors is absolutely insane. I garuntee more customers were threatened ILLEGALLY than customers were rude to you's. Im not threatening anyones intellegence, or that your situation is any different than ours. But the fact remains that to threaten people ILLEGALLY is going to get you screamed at. sorry. I really dont care if you back off or not, I agree that people should not treat anyone that way including you...But treat others the way you would want to be treated and maybe you wont be threatened so much. If you are threatning someones children that they will be homeless if mommy dont pay her bill, do you expect mommy to just say ok thank you mister bill collector for bringing that to my attention, i will gladly get your payment out today thank you so much for your call, have a nice day!
get a life, it is not going to happen. If you dont like the job get a different one that is a little less stressful for you.

guest 7490 I understand what you are saying, I work in a customer service capacity as well, so many people love to hate the industry I work for, Insurance. I have never understood why some customers, who owe the company (not me!) money, who you are TRYING to help, keeps insisting that "I" raised their bill, that "I" am going to just have to wait for payment, that "I" don't understand what their problems are and that "I" must just not care ... if someone understands hard times and debts, it's me! But it has nothing to do with me and my feelings ... I suggest ways to lower their coverage to save money, raise deductibles, get the best out of the available discounts. I am required to tell you, the customer, exactly what the information on the computer says, and I do it in a personalized way, not like some of the auto-bots on the phone that I run into sometimes.

Do I need to be rude, nasty, short, ill-tempered etc? Of course not, and I am not! But neither should the customer expect ME to sit there and listen to the same mean behavior from the customer. I usually will either transfer the call to my boss (after explaining the problem to him), or I will say "Ma'am, if you curse again I will hang up the phone." And I have had to hang up 5 times before in the past 15 years, and each of those times the customer would call back (sometimes that same day, sometimes a couple of weeks later) when they had calmed down, apologized, and acknowledged NOW they understoon what I was trying to say, that they were upset, etc.

My mama always said that you catch more bees with honey than vinegar, and she was right.

customer service industry is a very hard job these days. I worked in a resturant for 15 years and with every year things became worse. You can tell the level of stress in peoples lives have just gotten to the point that they lash out at anyone for any reason.
I myself am not happy when my food is prepared wrong, or when my bill has changed unexpectedly, but I dont throw a sandwich at a cashier, nor do i swear at the insurance preparer. as im sure you are not happy either when these sort of things happen. But it does happen and this is exactly why i quit the business i could no longer handle the stress that went with it. I felt literally ill going to work everyday wondering what for disgrunteled customer i was going to have to deal with today. The money was just not worth my health and that was what was happening. No one needs to be treated with disrespect and i was tired of customers treating my employees and myself badly. You should never be that angry that you are swearing at someone, call them idiots, or treat them with disrespect. we all have a job todo and we all make mistakes too. I had heard once that a man drove his truck through a burger king because they were out of fries! The level of insanity has gone way to far. I will never deal with customer service again in my life.

now, I do love fries, so I can see where someone would be tempted to do that, but that is just plain crazy!

the problem with food service is that I am too afraid to complain or send my food back, I have seen some horrific things on TV about the disgusting things some pissed off food servers do to jerk customers food! No thank you, I'd rather eat it cold or not eat it at all! Yuk!

that was the thing, not like i would ever do something like that because its disgusting, but why would you upset someone who is preparing your food? Its stupid you have no idea what they are doing to it. When taking back food i always say maybe i forgot to ask for it without mustard or maybe i misunderstood someones question like it was my fault and opologize and be nice! then that way they dont take it as a personal attack

I am the best customer at a restaurant, because I NEVER complain :)

The thing is you know this guy wasnt that angry over fries. Something in his life was really crappy and that was the final straw for him and them poor employees got the rath of all his troubles. It wasnt the employees falt that they were out of fries, yet he took it out on them. I remember seeing it on the news the trucking company gave thier fries to the wrong resturant or something. but this guy had serious issues and it wasnt just about the fries! this is what i mean about "Stop the Insanity!" people are loosing it due to the pressures of todays life have you ever watched "cought on tape" disgruntled employees and such, its funny to watch, but what have we come to???

LMT I took a couple of days off the forum..but I did go to your blog. You're quite the advertiser. But that's not the point YOU said if your in a job that stresses you out then get a new one. Have you looked at the economy? I don't threaten anything that I cannot say is definitly going to happen (negative reporting, more calls, fees) I personaly don't talk to kids other than to ask for a parent. You know I get all types of customers but those that actuallly shut up and listen might not give up money do get to hear a polite even sometimes sympathetic person talk. I talked to one guy tonight it was his 4th call today..he said the previous 3 hung up when he answered..being the dialer I was on I beileved his story to a degree and apologized (the dialer takes over for outsourced calls)I am threatened daily..I expect some of it.some is just plain dumb. I've found that people are stupid with credit period. I think we aughta outlaw it. oops suddenly 99% of people can't own a house. well back to paying landlords (or the weathly enough to own) Take that back lets make people get licenced to get credit (pass a knowledge test) and make it about as hard as passing a insurance license exam people would be giving landlords money forever. In reality we are in bad times and fear is causing things to get worse but lenders could just cut off lending (hmm they already did that) look at our economy now.

look, oviously i have pressed your buttons, and you are taking it as a personal attack. Im not saying that you are the worst collector out there. you may be the nicest. I dont know you have never called my house.

speaking of my blog, I make absolutely no money on not a single one of my products. The only one that has potential is the energy kit that i thought was a excellent idea and have purchased it myself. I have pictures of products that i use they are only tips and suggestions I will gladly show you any proof you wish that i have not earned not one cent on my blog. Im purely out to help people. It makes me feel good to share tips with people things that are saving me money.

did you click on any of those pictures? they dont take you to any sites, Im just putting information out there. I promise you my family lives on very little, but we live good and we are happy are you? It doesnt seem like it. I know the economy is bad, and things are tough for everyone but I will loose everything we have before I would allow a job to make me feel the way your feeling right now. Happiness does not come from the almighty dollar or credit score. You can quit that job and get a different one you choose not to and choose to not be happy. so you get a job that pays less, get rid of your cable, trade in that new car for a beater, get rid of the cell phones, go from high speed to dial up, sell your old crap in yard sales or on ebay, change insurance companies, carry liability, use freeware protections for your computer, All these things add up and can change your life. After I went through my settlement company I vowed to never go back. Today I stay home with my son, instead of working 60 plus hours a week. We go without alot of things I wish we could have, but we are happy period. This was never anything personal, but you are awfully defensive.

Actually LMT I just observed your website..I didn't intend to say you made money on it. As far as hot buttons..no you haven't but I would like to point out that noone has actually responded to my worst case "postal" collector notation. The clear point is this collectors are doing or should be doing their jobs legally (some don't know they are breaking laws) I ask or primary or OK to speak with's only I don't even ask for authorized users (which I can) I've not once threatened anyone with anything more than fees/negative reporting/more calls and never to anyone who was not on the card. I will say this if you are a parent and you have your child answer the phone..get a grip...you owe the bill either answer the phone yourself or don't. You are not setting a good example for your children. The "postal " notation is not me specific..I don't hate my job..it does create startup anxiety for the first few people I call but that's all. First rule to collecting is try to remember the debtor can't see you/ know exactly who/where you are. (that is unless you are dumb enough to give it out) My trainer told us a story about a collector who gave out their name ( first and last) and location to a debtor and that person's untimely death at the hand of a person who owed money and how they knew who the person was without seeing a picture. It was sobering to hear needless to say.

This will be the last post that i make to this situation, First of all i dont let my child answer the phone that was a previous lady who posted that. And Why should anyone be afraid to do so? Children like to answer the phone, isnt it your job to only discuss the debt with the debtor? obviously this collector new this child was not the debtor. Second of all, like in my previous posts i have said over and over that mutual respect is required. I have never been nasty to creditors but they sure have to me and not with threats like the ones you are stating. I have been threatened with jail,they were going to take my home, they have called at 11:00 at night. I used to be a resturant manager and i completely would not take offense if you posted that all fast food employees were morons. I may post that there might have been surcumstances as to why that happend, or that there may have been something going on or whatever. I have personally been called a idiot, "and a no wonder you work were you do" because someone drove off without thier drink even though i told them to hold on for there drink it was still comming. This was thier fault, but they felt the need to yell at me that day for thier mistake. Whatever I didnt like it but it was a part of my job and part of that job was taking some abuse. Little did that person know I was highly educated with a college degree, I just had not found what i was looking for yet and I was making more money there than anywere else at the time. and as for some dont know that they are breaking the laws, maybe they should know the laws before taking this type of position. Is this not a part of you guys training?? And second of all my child will never know of debt trouble. So no i am not personally setting a bad example. I made my mistakes as a young person and will never allow it again. I am not rich like you previously posted our annual income for a family of 3 is 30,000.00 a year. But I do own my own home. I own everything I have I have absolutely no debt except for a consolidation loan and I live very poorly. But you know what we are happy. I quit that job after my son was born and things were very tight at first but we adapted. believe me no matter how bad it gets you will adapt and if you cant take the heat get out of the kitchen. Eventually I did and im happier for it. Im a stay at home mom, and enjoy life. Happiness does not come from the almightly dollar and i will never work again for something that makes me unhappy or i dont feel is right. And last of all i believe i have posted serveral times that people should not treat creditors badly if they are treating you properly. NO one deserves it. No one deserves to be harrassed either.

why in the world would a collection person give a client their real first and last name and location? I thought they were always "Mr. Smith" or "Miss Brown"? That is just plain bizarre and frankly stupid.

moneyhelp - did you get the help you needed? i know this post got a little off track but i wanted to make sure you got the advice you needed. I live in NJ and have experience with Lyons, I know they will go after you and am worried which is why i just wanted to make sure you got the proper advice.

I also opologize for this post getting all screwed up. It was unecessary and hopefully I agree and hope that she did get the advice she needed considering that is why we are here to help. Sadly most of us have been here that is why it is such a HOT(angry) topic

ENLIGHTENED, thanks for the NJ law info. BEA2LS, this post definitely got a little confusing. Court is in 2 weeks. So lyons, d & veldhuis really do represent capital one ? Even though we have a court date scheduled, it is still ok for capital one's attorneys to call me? I still haven't received anything in the way of proof of debt, etc. that I requested on my answer form. Will they show proof in court or should I expect to receive something before then? What I did receive was a thick packet "plaintiff's request for admission from defendant" which contains a bunch of questions and gives me 30 days to respond. What do I do with this?

Moneyhelp I have one question for you. Did you make the charges that COF says you owe? COF=Capital one financial Look I'm not here to argue with LMT or anyone and I think lawsuits against stones that can't be bled to pay is worthless. As far as the attorneys I have no Idea who works for my company nor do I care not that I have no caring for your situation. I hear the desperation in loads of calls I make. I even try to help slow the calls down in my own way. If I can help I try to do so if I can't I tell people I can't. Some people just are using cards they shouldn't or don't know how to. Sadly most are just getting hit at a bad point in the economy. COF is reacting to the problem not proacting at this point but catching up is important to their survival and my job. I think they will catch up but not without millions in losses for consumers and the company alike.

Love_my_things,



Egads, no! I've lived on top ramen, chicken legs/thighs, and 7-11 hot dogs and drank cheap malt liquor rather than part with the ol' high speed.

And, if I may say so, you're awesome!

smo65d11,
I never complain about the restaurant food either. It's quite obvious when you say out loud "this garbage is disgusting," pay your bill and leave without eating any of it.


Although I must say I agree about the credit cards. Because of deregulation and our natural greed for more (by nature you take what you can get when you can get it because you may go periods without anything) they exploited that for filthy lucre. No two ways about it. And we took the bit and bridle and hobble along with our backs breaking by collective debt - only to be told condescendingly that it was our fault in the first place. But I don't think mortgages are anywhere near the same class as credit cards. A home is totally different than being able to get the latest iPod or some new rims and hydraulics for your Honda....

I don't talk to creditors or collection agencies on the phone. I want everything in writing, *period*. And I've done customer service most of my adult life, and I tell you the CSA has almost *no* power to do anything at all that isn't specifically listed by their bosses. And calls are randomly monitored. And I've worked fast food, too. And I've worked in a collection agency. Like attorneys, there are a few humans left in that line of work. But few, oh so few.

Moneyhelp,
If their attorneys keep calling you it probably means that they are trying to squeeze a settlement out of you because they don't think their chances are so great in court. I say that because most of the time they are very quiet and hope you'll forget the court date and end up getting a default judgment against you on the creditor's behalf. Keep fighting it. That packet: any question that mentions and responsibility of debt by you to them, simply answer that you have submitted a request to validate the debt and have yet to receive a response, and so you cannot answer that question at this time because you do not, to the best of your ability, believe that the debt belongs to you. It seems like they are trying to skirt around that DV. Let 'em.

Check this out for more info. And some great info here, too.

Good luck on this, please keep us posted. I hope you join our Community and stick around. It's a nice place here.

chrys

chrys, i must say you are one of my most favorited people here!

I tend to get very personal with my posts and maybe i shouldnt, but its how i relate and i feel others relate as well this way. debt stinks and my journey through it(and continue to go through it) to help others is helping me personally in spirit. to know my knowledge and experience may help the next person, that is were i started out, keeps reminding me of where i have been, and were i have come from. so i have made progress. Its the best form of motivation to keep on truckin.

As chrys said be sure to keep on the validation. you need that and dont claim this debt till you recieve one. I agree that they are stalling for some reason.

you will find some more discussion on Capital one here http://www.debtconsolidationcare.com/collection-agencies/capital-one-lawsuit.html