They are entirely different. Based on the date of 2015 of opening the account you either have to settle, file BK or litigate. Cap1 removed arbitration from their card agreements back in 2010 so you don't even have the option of a survivability clause.
I was just served papers from a law firm representing Capital One credit card debt. A telephone hearing is scheduled for November. What is my best approach to this. I had PRA drop a case against me in arbitration last year but from what I am reading Capital One (original creditor) is a whole different situation.
1. Who is the named plaintiff in the suit? Capital One Bank
2. What is the name of the law firm handling the suit? Stenger & Stenger, PC (out of Grand Rapids, MI)
3. How much are you being sued for? $1906.54
4. Who is the original creditor? Capital One
5. How do you know you are being sued? Papers left at my door a few days ago and mailed by law firm also
6. How were you served? Left at door
7. Was the service legal as required by your state? yes
Process Service Requirements by State - Summons Complaint
8. What was your correspondence (if any) with the people suing you before you think you were being sued? none
9. What state and county do you live in? Indiana, Allen county
10. When is the last time you paid on this account? 2017
11. When did you open the account? 2015
12. What is the SOL on the debt? To find out: for Indiana, chart says 10 years written, 6 years open-ended
13. What is the status of your case? Was just served papers for small claims. Papers state that a hearing by phone has been scheduled for November.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? possibly, not sure
15. Did you request debt validation before the suit was filed? No
16. How long do you have to respond to the suit? a month and a half.
In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. "Defendant opened an account with Capital One Bank, account number ***. Defendant has failed to pay as agreed and a balance of $1906.54 is owed on said account."
Did you receive an interrogatory (questionnaire) regarding the lawsuit? no
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A - affidavit of Non-Military Service. Exhibit B - A statement from Nov 2017 showing past due amount and interest accrual.
18. How did you find out about this site? internet search
I don’t believe Portfolio would try to force a sale of the house considering such a low debt.
Even if that were to happen the Mortgage company 1st Lein holder would pay the lien and add it to the end of mortgage.
I had a similar situation with a memorandum of costs in an Oregon lawsuit against Midland which I prevailed on Dismissal Without Prejudice. I never did get my costs or prevailing party fees. I would like to hear your response/thoughts regards your comment "I filed a Judgment on Dismissal ( it was difficult, failed on first few tries) and then sent a letter".
I realize I jumped on another posters thread, (I apoligise) however cost recovery is important and sends a message to other Plaintiffs. I have a thread regards this subject @HueyPilot subject "Cost Bill - Prevailing Party Fees". I believe the consensus was to disagree with my strategy. You basically did the same steps and won with check to follow. would you be willing to expand on how you did it. Are California RCP different than elsewhere.