Capital One ~Lawsuit

Excuse me, I meant to write they would dismiss the case with prejudice. Not sure what this means.

Is Cap 1 doing the collecting or is it a CA? Did you send a DV letter by CMRRR? If not you need to asap.

Yes, I sent the attorney office a debt validation letter and they sent me a packet back with the credit card statements (no purchases listed) and insists that Capital One is their client. They want me to either send the $962.00 or sign an agreement to pay $100.00 each month. I simply do not have this much money to spare and I am already strapped now due to loss of income. I am terrified that they will try to garnish and I really will be in financial jeopardy. I thought about contacting my court and find out what I can do about this. I am up for any suggestions.

also, does anyone know if you can pull copies of credit card statements from the internet or could I consider this legit that Capital One sent these copies to the attorney? I do not want to get ripped off here and actually be paying a bottom feeder instead of Capital One. In my first Debt Valid. letter I asked for proof that Capital One is their client and I guess sending me the cc statements is the proof. On their letterhead they list when the account was opened, the account number etc...

You could try pulling your statements from Cap One's website.

I used to be able to pull up my statement online but have been locked out of it for awhile. I just can't believe Capital One would fool with a small amount like this and sue on it. I feel that this is a bottomfeeder paying this attorney to gouge money out of me. Has anyone else dealt with Capital One before in a lawsuit?

This is a common problem that most consumers have felt and will start feeling pretty hard right now. The thought that even 500 dollars isn't enough for them to bother with. Credit Card companies are going to blow up with lawsuits in order to recover lost money because unfortunatly people are losing their jobs left and right among several other reasons.

If you want statements I suggest you call Cap One and see what they can do. You typically only have access to their online systems if you are in good standing with them.

It is not that I did not want to pay because of the low dollar amount. We lost income and it was either not buy food or utilities or the other. My concerns about these bills are paying some debt buyer way over what they actually paid for these debts. I am still out on the fence whether or not Capital One is actually suing me because this attorney cannot show me proof that Capital One actually assigned this account to them. I am almost at the point to just offer what I can pay a month and be done with it. (It's not much) The sad part is that you are right. They are going after people who have lost their jobs and filed BR previously and cannot file again. They are dragging consumers to small claims court for anything under $1000 whether it is credit or medical.

I did go online and check my credit report and it looks like this account was charged off. Does this mean it has been "sold" to a bottom feeder and this attorney is representing them? Do they have to legally name the buyer in the lawsuit instead of using the orginal creditor? I am not very familiar with how this works.

Not all charged off accounts have been sold. Call Cap One, they should be able to direct you, hopefully, to the correct people to contact and then you can go on from there.

Thanks. I think I will call tonight and find out what is going on. I appreciate the advice.

I you get the information you need. Good luck!

Char62 , are you a resident of KentuckY? sorry if you mentioned this above...the reason I ask is that you cannot be sued by an out of state attorney's office...this is what I was told when HSBC sent me to an attorney's office in New York. Since i am in Ohio I was told that I could not be sued by this New York Attorney.

Yes I live in Kentucky but they hired a law firm in Kentucky as well. That is how they are getting by with it. I asked a friend who works for a collection service here and she stated that they used to use this particular law firm to collect on medical bills.

I had to deal with Capital one a few years ago and they were going to take me to court as well. The law firm that was handling the case sent me a packet of my statements as well. I'm thinking they received them from Capital One. I ended up stopping the lawsuit two days before I was supposed to appear in court due to my filing bankruptcy. I was even sending payments to them every month but they still wanted to sue me.

Have you called Cap One yet to see if they still own this debt? You need to find that out asap because if they have inf act sold it, then this lawfirm is misrepresenting the client.

Also you mentioned they sent a packet of statements with no purchases on them? I am not sure what you mean by that? Were these statements just showing what you owe?

So far it doesn't sound remotely like proper validation, because a blank contract is worth less then toilet paper as it proves absolutely nothing. They can get away with not sending a bunch of statements if they sent a copy of the last statement that showed the closing balance.

Since they sued you without properly validating you could coutnersue them for that violation, plus you should put in a motion of discovery, for them to produce the documents such as a SIGNED statement (not a blank one) and you could ask for the full accounting history in a court of law, not to mention proof that they are legally able to collect.

goldenbast,
They had statements with some of my purchases on them so I assume they came from Captial One or they had access to them somehow.

Cap One got me on a loan that in California 4 years is cut off trying to get payment. They SOLD MY NAME!!!! The 'lawyer' called but tried to get me to pay. I'm trying to be honest and told them that the statute of limitation is over and not pay. They sued me anyway. What I should have told them is this: THIS IS NOT MY ACCOUNT. Now, you have an account that IS NOT YOURS AND THEY WANT U TO PAY. Tell them this is NOT YOUR ACCOUNT YOU NEVER SIGNED YOUR NAME! Immediately, please go to your local police and make a report. When the report is done, pick up your copy, and fax it to the 'lawyer' or person who is trying to get you to pay this. I also had a compay pay my job before I got outsourced and tried to get me to pay this. I said it's NOT MY BILL I got their fax number and sent them the copy of the police report that I got from the local police during my lunch time and SENT IT TO THEM WITH THE POLICE TRACK NUMBER OF THE REPORT. They never called me back. As a consumer, you have to protect yourself. DO NOT PAY A BILL THAT IS NOT, I REPEAT NOT YOURS!!!! If you start paying and stop they can sue you because you started paying!!! I got another bill thrown out of court (after all that headache of going to court to prove THIS bill was not to be paid because this one is the Cap One bill they SOLD MY NAME TO! Anyway I got it finally thrown out of court as I LOST MY JOB!!!! So.... Go to the police.Get a report made of all the info Cap One gives you. Send the report to the people hasseling you and make sure the police has their tracking number on the report. You now have a legal paper that says this DAMN BILL IS NOT YOURS. Hope you have success.

I was sued by capital one and my case was dissmissed attoney never showed up to court. What ever you do if you do get sued go to court on the day your summons to. I really feel it is a finally scare tacted to get you to pay up. did you know thier is a statue of limination for each state. Make them prove the debt is yours. With your signuture the collection agency probly does not have those document. I did some research on my affividavid the notary that stamped the documenation wasnt even a notoray in that state. go to budhibbs.com wonderful web site relating to credit card debit this web site gave me the idea to verify the notary. Hope this helps

First, if you don't have any assets, you are what is called "judgment proof." Secondly, you don't say when this debt was incurred, but the Statute of Limitations may have expired. If you don't know what that is, every state has a different Statute so it would be to your benefit to learn about it. Problem about this Statute in your case is that you have made recent payments. A case is either dismissed "with prejudice" or "without prejudice." There are many sites on the Internet explaining these legal terms.