Attorney Mark Walsh(San Diego)

I have not found any reason to think Walsh will handle this case differently from any other attorney. If it goes to trial, Walsh will offer evidence that you owe the debt, you will be given an opportunity to offer evidence or legal reasons why you don't owe the debt, or not at least not as much as they are asking, and then the judge will decide.

Make him provide proof of the debt. Make sure it is your signature on the actual contract you signed. These attorneys often don't have the documents from Cap One to back up the suit and you may be able to get it dismissed if that's the case.

Would they not let you make payment arrangements?

An attorney holds my old Cap One account. I disputed it and after a lot of back and forth, they stopped reporting it every month. It's still showing on my CR though. It's really hurting me as my only unpaid collection, so I'm gonna try to settle it or make payment arrangements. Going to court seems like a lot of trouble..

I tried making a payment plan, for what I could afford. It was only $20.00 per month, and I didn't get any feed back. They probably laughed at that amount, but it was what I could to .
I don't get it, I've explained I have nothing, don't own nothing let him know my income situation. But he and others will keep going after us, and then try to get us poor
souls to pay for the attorney fees too. Doesn't make sense to try to get water out of a Well that has run dry.

If you don't have the money, then you will likely prevail in court. Some of these agencies, if they are well-staffed, will sue right and left because many people will either not go to court and so get a summary judgment against them for the full amount of the alleged debt; or they are hedging their bets that the alleged debtor actually does have the funds to pay.

If you can only afford $20 a month, then you are likely nearly "judgment proof" and you should be in a better position in court. Especially since you are at least making the responsible attempt regardless of your current bad situation.

Chris is exactly right in that these agencies count on people skipping their court appearances, so it's a slam-dunk win for them. Definately don't do that, because that's what they want you to do, trust me. Go in and show the judge you're making an honest effort--and if they are cashing your $20 checks, that's proof that they are accepting the arrangement!

Got a call from this office this morning was told I was a disgrace & they are going to tech me a lesson in court and that "I'm Dead". Great people

Hello

I have dealt with them, I have payment arrangements but I had to go through an attorney to even get there attn.. it all worked out.

I can give you some info...do u have an email address?

I can give you some info...do u have an email address?

http://www.debtconsolidationcare.com/creditors-information/commit-payment-3.html

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i was on the phone with these people this morning what the hell is this all about??? offered to pay $50.00s a month on $1300.00 dollar judgement and told them that was all the effort i could make.."Chris" told me that the was "not much" of an effort and i explained to him that i was a single mom and lucky to have my job and he proceeded to tell me that i needed to find a second job! I promptly told him to kiss my ass and hung up. This BTW is thought Capital One. WTF???

To anybdy

I missed my court date due to illness. I contacted them and they treated me badly also, I won't go into the details cuz you already know how they work. I called my local court house and they told me that the case has no been set to calander. She told me it's a race to reply to the summons before they due or they will win a default. What do I do?

You've got 30 days from the date you were served to reply. As long as the other party has not filed for a default with the court you can still file your reply so you may still have time. Is there a self help service at the court where you are? If so, they can help you file an answer. After that you can ask the plaintiff to show you proof of the debt and their right to collect it through the discovery process.

he sued one of my relatives. failed to submit a dv letter before filing the lawsuit and has failed to respond to any of the certified letters and/or court notices. he filed on behalf of Cap One but in talking directly to Cap One they don't / won't acknowledge he represents them. the relatives debt was written off by Cap One several years ago and although that doesn't mean the debt is not owed it is strange that Cap One would file a lawsuit without first contacting the debtor.

Have been sued by Capital One Bank (USA) N.A. via Mark D. Walsh/Legal Recovery Law Offices, Inc. Filed a timely Answer, to which Walsh responded with a Motion to Amend the original complaint because "Plaintiff was unaware of . . . issues Defendant raises in his answer." Funny how that can possibly be. It's their account, all I mentioned were the collection calls from India, my repeated request to obtain a repayment plan I could afford, and how Capital One cut off my access to account information on the Internet sometime last spring after it stopped sending me statements around April. They are claiming a breach of contract on July 26, 2009.
I am not intimidated by any of this, and am handling it "in pro per" so far.
But I believe Walsh has a big problem on his hands now. I hope. Seems the service of this Motion to Amend was, under penalty of perjury, supposed to have been made on me by mail on October 30, 2009, but the envelope it was mailed in has a postage meter imprint of November 11, 2009. I am petitioning the court to deny the Motion on a number of grounds (papers are all addressed to the wrong court, claims that the name of the Plaintiff changed -- which it did not -- cites wrong sections of law or Rules of Court, and a few others).
I am also asking the court to consider perjury charges against the office clerk who lied on her Proof of Service declaration, and subornation of perjury against Walsh for permitting his employee to lie to the court. As felonies, the offenses are worth 2-3-4 years in state prison.
Motion hearing is set for 12-22-09. We'll see what happens then.
I tried for months to get Capital One to create a repayment agreement with no success on a balance of about $12,000. All it took was one Cease & Desist letter to the first collection agency they used and four months later, I get sued. Well, no default judgment for this clown Walsh!!
His Motion to Amend is so fraught with errors and misapplied case law citations, that I wonder how he managed to pass the Bar exam.
Will update as the opportunity arises.

Oh, boy! This one is priceless!

Thanks for sharing it with us. And please, let us know how it plays out.

Does anyone have a link to a picture of thsi Mark D. Walsh guy from San Diego? If so please let me know where to find it

Me too..ther are many of us..need to do a class action law suit

Chris, told me that I should play a guitar on the streets so I can pay him a "decent" amount. He also told me that I should dance like a monkey! Man this guy is very rude.

Yeah, I too am getting sued by Legal Recovery Law Center representing Capital One. The original court date has been adjusted three times and frankly, I think they were amazed that I showed up as I am 100% sure that they felt confident that they would win by default. When the judge asked me why I showed up, I told him, "Because I was served with papers to appear and I wanted to know who's hand was in my pocket." A trial has now been scheduled, about 3 months from now, but I doubt it will matter... After being unemployed for 29 months, there is nothing they can do, nothing they can take, nothing they can garnish. And even though my next stop is declaring bankruptcy, I wanted to see Capital One in court just to ask them to take their claws out of my pocket...
Hey, it's their game. While I feel bad about not being able to honor my debt due to reasons beyond my control, I feel good about doing what I can to make them twist in the wind for the endless phone calls, the knife-twisting credit dings, and Capital One's refusal to work with me (even though I am unemployed, I did manage to scrap up and pay over $1,600 towards a $6,500 debt for as long as I could).

Mark Walsh slid a Cap One suit summons under my locked gate late last night. Is that considered legal service? I only knew someone was outside because my dog barked.
The summoms was brought to me this morning when found by a relative who checks on me.I am 62 and I became disabled (broken back) in 2008. I am being sued for 6,000. I do not have money for an attorney. This has caused me to be ill. I will need help to even get to court. What can I do?

Mark Walsh (representing Cap One) recently failed to show up for a Mandatory Settlement Conference. I was there a half hour early and laughed about it with a clerk and the MSC "officer." The officer signed a statement that I was prepared and present while the Plaintiff failed to show up. Is it too optimistic of me to presume I will have this case Dismissed at the Scheduled OSC hearing next month?

If I do win, it just goes to show that just showing up is enough to win against these guys!!!

Thanks for the assistance in advance,
JP

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My message to everyone! Before you go to court, double check your state's statute of limitations. In California it is 4 years after last payment made on account. Please be aware they will say they are within the statute of limitations timeframe because of when THEY received the paperwork from Cap One or another collections agency. I told them according to the law it is four years from the date with the ORIGINAL debtor being Capital One and not them!

They told me to go get a lawyer!

Just stumbled upon this while trying to get information on Mark Walsh. My husband and I are in the process of a short sale on our home and I found out that I had this "judgement" against me from Mark Walsh. First of all, I never received any paperwork or even knew about this....I was not ever "served" with papers and would not even know about this if the Escrow Officer didn't bring it to my attention. I've been advised to call him and see if I could negotiate on the total amount due. However, I must admit I'm a little scared to make this call after reading these posts!

If anyone has any advice on how to proceed/who to speak with/etc. it would be greatly appreciated...The total on the debt is less than $2,000.00

Thank you!

I just received a letter from Legal Recovery. Says client name is PORTFOLIO RECOVERY ASSOCIATES, LLC. Says its a deliquent account for a little over $10k and that they are attempting to collect the debt. I helped someone take out a vehicle by applying for a credit card in 2007 and they stopped making the payments in 2009. So im assuming its regarding that.
December 2008 the vehicle was stolen and the person i had done the favor to, asked me to file a police report because it showed me as the legal owner. I did but they kept making the payments anyway. I didnt even know the payments werent being made until HSBC called me and said I was in default since march 2009. I told them the situation and they didnt care. I never heard back from them again except to try and get money that I didnt and dont have.
I started getting phone calls from United Recovery asking for money. I told them i didnt have any. They called me names and made me feel horrible. I stopped answering the phone because of how rude they were to me. I was never notified about the debt being moved or sold to PORTFOLIO RECOVERY ASSOCIATES.
I just finished school and have thousands in college loans, i dont have a job, and i dont have any assets. I dont know what will happen next or where to go for more information. Someone please help.

Mark is a lazy and a liar. If you answer the complaint, request some simple discovery, and show up to the hearings, he will most likely dismiss the complaint because he can't show his work and won't keep spending money on attorneys to appear in court for him and respond to your discovery for him.