Debt Collection Misidentification
Date: Tue, 02/16/2010 - 20:30
Basically, what should I be expecting to see in the court? And what should I prepare and bring? What do they have to supply to proof their case, that I am the owner of the account? I just don't think they could have any evidence at all, but I am just a bit afraid they might use dirty tricks, like somehow, somewhere got my SSN and claim that's a proof. I know debt collector could do that tricks and I have seen it in another case that involve this same person who default on another credit card (the bank in that case is more helpful). Does Capital One has the obligation to supply me the document since they have the final indisputable piece of evidence?
Also, is there any way I can recover the wasted money (court filing fee, postage, time lost to work on the court day, etc) when they are proven they have completely no basis in the allegation?
Thank you very much in advance.
Does your credit report show any account from Capital One? That
Does your credit report show any account from Capital One? That can act on your defence.
You may file a motion for discovery which will force the collector to reveal information about the account.
No, it is not on my credit report. How do I file such a motion?
No, it is not on my credit report.
How do I file such a motion? I apologize that my question may be a little dumb, but I am very unfamiliar with the legal process. To I get a form from the court to do that? I am not poor enough to get free legal help, so a lot of things I have to find out myself, unless I spend a lot of money to hire some lawyer for which I am not sure if I can afford.
BTW, I live in NJ.
if you have received a summons for another person (ie different
if you have received a summons for another person (ie different date of birth and ssn) then contact the plaintiff and be prepared to prove it. they will likely ask for identification such as drivers license and copy of social security card. fact is you have not been sued. you have simply received a summons for another party. it should be easy to resolve this without a trip to court.
Thanks for the insight. I am a bit uncomfortable though to revea
Thanks for the insight. I am a bit uncomfortable though to reveal my SSN or driver license to some debt collector, who is the plaintiff. Who knows what will they do with these info!? We all know how honest they are.
Quote:Originally Posted by Anonymousif you have received a summo
Quote:
Originally Posted by Anonymous if you have received a summons for another person (ie different date of birth and ssn) then contact the plaintiff and be prepared to prove it. they will likely ask for identification such as drivers license and copy of social security card. fact is you have not been sued. you have simply received a summons for another party. it should be easy to resolve this without a trip to court. |
i like the angle,but the OP already answered and has a court date.i wouldn't contact ASSETT ACCEPTANCE at all.complete bottomfeeder that will more than likely use the info against them.no, i would go to court and show the proof to the judge.get it dismissed with prejudice.again assett complete bottomfeeder.use your proof OP to get this dismissed with prejudice.do not speak to assett at all until the court date.