False Plaintiff in debt collections?
Date: Tue, 01/10/2012 - 13:21
I had financial troubles due to being unemployed a long period, before I moved to Texas. My debts and defaults on the debts occured in another state, than where I reside now. It's in a Justice of the Peace Court.
Now a third party bill collector is suing me; even though I havent been served yet. I found this out from letters I got from lawyers offering to represent me in court for the case.
It seems this debt collector trying to collect on a Capital One account; they name Capital One as the Plaintiff, when they’ve actually not Capital one or been hired as a third party, because it states "written off" on my bad credit report. My credit report states that account is "written off".
Is it legal to use the Capital One name if it is not a Capital One hired attorney?
Now a third party bill collector is suing me; even though I havent been served yet. I found this out from letters I got from lawyers offering to represent me in court for the case.
It seems this debt collector trying to collect on a Capital One account; they name Capital One as the Plaintiff, when they’ve actually not Capital one or been hired as a third party, because it states "written off" on my bad credit report. My credit report states that account is "written off".
Is it legal to use the Capital One name if it is not a Capital One hired attorney?
A debt collector cannot use the name of the original creditor to
A debt collector cannot use the name of the original creditor to recover the debts if the debt has been charged off. I will suggest you to first ask the third party bill collector to validate the debt in writing. It will help you know whether or not the debt collector really owns your account and has the right to collect the debt from you. In case, they don't validate the debt, then you won't be liable for paying the debt to them. In such a situation, you may contact your original creditor and try to negotiate with them so that you can get rid of the debt.
Quote:A debt collector cannot use the name of the original credi
Quote:
A debt collector cannot use the name of the original creditor to recover the debts if the debt has been charged off. I will suggest you to first ask the third party bill collector to validate the debt in writing. |
Also DVing will not delay or slow down the court proceedings. The poster can call Cap One to verify the placement of the account.
