Comments on: Improper Notification of Creditor Lawsuit Can Get Case Thrown Out

By: Steve

Steve — Sun, 06 Sep 2009 05:33:25 +0000

My credit report shows that I have a high balance of 1874.00.
07/2009 -1874.00
06/2009 -1849.00
05/2009 -1825.00
04/2009 -1731.00
03/2009 -1700.11
and so on, it increases aprox 25.00 ea mo. but some months almost 94.00 or higher. Can they still be appling fees to a closed account. The credit report shows it was charged off and the account is closed. I will dispute this with the credit bureau. Can I have Capital One mail me proof of the current balance? Since it was “charged off” and I no longer have that acct.

By: Steve

Steve — Sun, 06 Sep 2009 05:21:27 +0000

I received a summons from my neighbor. Appearantly the server came to the front of our apartment building and was greeted by her. Eventhough she said I was not home, because she knocked on my door while waited, he gave it to her and aked her to give it to me when I came home. The summons was not private. There was no envelope and all my personal information about this debt could have been read by her. I felt my rights were violated since the fair credit and debe collection law requires that debt collectors could not publish or disclose my debt to any one not named on the account. To my suprise a legal aid representative told me that this was not enough to get the case dismissed. I am being sued by Capital One Bank for a debt that was charged off in 2007. The amount of the suit is for 1012.00 however my credit report shows that they have been increasing the balance every month since 8/07 even though it shows charged off. I really only should owe 500.00 since that was my balance when I notified them that I lost my job and filed a claim for credit insurance which they made impossible to use. I my reply I disputed the service of the summons. A week later I got another copy by first class mail. I am in California, does this sound legal?

By: Kristy

Kristy — Tue, 16 Jun 2009 13:58:26 +0000

It can’t hurt to look…

By: benjamin

benjamin — Tue, 16 Jun 2009 13:21:10 +0000

Well, i am sure that on the affidavit they have to had gotten a signature of the person recieving it for me…. well i called the lawyer who was the plaintiff. His dumb secretary kind of slipped up and while i was asking her who had signed it, she said there is no signature, it just says “Gave to brother”