Judgment/Capital One/NCO/Bowman - ?
Date: Thu, 04/01/2010 - 19:16
I'm going to make this loooong story as short as possible......
Discovered I had a default judgment...filed motion to vacate....judgment was vacated and scheduled for trial. Lawyer then filed motion for summary judgment and was granted (within 10 days of being filed). I answered the motion for summary judgment...with no response.
Being sued by Lawyer in Indiana (I live in Indiana as well). The credit card is/was for Capital One. I sent DV letter as soon as I discovered the default judgment. Today I get a packet of statement that shows purchases/balance due/finance charges/etc. I call the number on the invoices and it sends me to NCO Financial Systems Inc.
The motions state the plaintiff is Capital One. Now I am confused as to who owns the debt?
This is for 2 cap one cards....2 different cases...same lawyers....both cap one. They did originally sue within the SOL (6 years) even though as of 2009 they fell outside of the SOL.
While both lawsuits have basically the same story, I will give you only one. LOL I moved in 2003...sued in 2007....motions sent to address where I hadn't lived since 2003 (thus default motion vacated due to service). Now, when I pull out a bunch of past bills, I see a settlement offer from NCO Financial Services for this exact account sent to my correct address in 2005. Shouldn't the lawyer have had the correct address?
I am really confused and trying to decide what is my next step. Any help or suggestions would be greatly appreciated.
I cannot believe a summary judgment was granted even though I have disputed everything and asked for validation.
PLEASE steer me in the right direction...or, at this point, give me one. LOL
Discovered I had a default judgment...filed motion to vacate....judgment was vacated and scheduled for trial. Lawyer then filed motion for summary judgment and was granted (within 10 days of being filed). I answered the motion for summary judgment...with no response.
Being sued by Lawyer in Indiana (I live in Indiana as well). The credit card is/was for Capital One. I sent DV letter as soon as I discovered the default judgment. Today I get a packet of statement that shows purchases/balance due/finance charges/etc. I call the number on the invoices and it sends me to NCO Financial Systems Inc.
The motions state the plaintiff is Capital One. Now I am confused as to who owns the debt?
This is for 2 cap one cards....2 different cases...same lawyers....both cap one. They did originally sue within the SOL (6 years) even though as of 2009 they fell outside of the SOL.
While both lawsuits have basically the same story, I will give you only one. LOL I moved in 2003...sued in 2007....motions sent to address where I hadn't lived since 2003 (thus default motion vacated due to service). Now, when I pull out a bunch of past bills, I see a settlement offer from NCO Financial Services for this exact account sent to my correct address in 2005. Shouldn't the lawyer have had the correct address?
I am really confused and trying to decide what is my next step. Any help or suggestions would be greatly appreciated.
I cannot believe a summary judgment was granted even though I have disputed everything and asked for validation.
PLEASE steer me in the right direction...or, at this point, give me one. LOL
You may need to appeal to the higher court about the summary jud
You may need to appeal to the higher court about the summary judgement. But I ain't a lawyer, so you must hang tight for more expert comments.
You can also check out with a consumer lawyer to learn about your options.
I went through a trial on a note payable to an ex wife. The att
I went through a trial on a note payable to an ex wife. The attorneys for both sides told me that these cases, like mortgages and credit cards, are more matter of facts and rarely are successfully struck down. In other words, it is more how much you owe, than whether you owe it. I would look at NCO as a point of settlement. They probably did not buy the debt and may be able to settle it for C1.
