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Debt Collection Misidentification

Date: Tue, 02/16/2010 - 20:30

Submitted by anonymous
on Tue, 02/16/2010 - 20:30

Posts: 202330 Credits: [Donate]

Total Replies: 5


I got a summon from the fabulous Asset Acceptance LLC, claiming I owe about $1000 to a Capital One Credit Card acct. I have personally go to Capital One Bank branch to find out that there is no such account under my name. And I got the information that it is someone who has the same name as me but with a totally different SSN, DOB and address. However, Capital One is unwilling to help me further, like giving me some document on paper that verify I am not that account holder (even I am a customer of them, don't you like Capital One's attitude?). I have answered the complaint and denied the allegation, and the court day is coming near, I want to better prepare myself for that and I would like to get some suggestions from this board.

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.


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.


lrhall41

Submitted by on Wed, 02/17/2010 - 05:20

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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.


lrhall41

Submitted by on Wed, 02/17/2010 - 05:24

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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.


lrhall41

Submitted by paulmergel on Wed, 02/17/2010 - 05:56

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