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BBeauty32's Achievements


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  1. I am being sued for a judgment by capital one. I have already gone through filing my answer. I've done that. its been a few months and I hadn't heard anything. today, I received a Motion for Summary Judgment in the mail, and am wondering how to best write my response. since the time lapse during writing my answer, and now, I have mailed a series of certified letters to the CEO of Capital One requesting verification of said debt in which I have not received a response. would these certified letters be something that I can use with my response to motion for summary judgment, that will show that the evidence they attached is very vague. they have a few account summaries showing a balance owed, and an affidavit by someone who claims to have first hand knowledge of this debt, and a generic terms and agreement that they say is a contract. but there is nothing showing a mutual agreement between myself and capital one! HELP! I'm not sure how much time im going to have to file my response to their motion, and I surely wouldn't want to loose after all of the work ive dedicated learning to defend myself. ANY ADVICE WOULD BE GREAT

  2. Correct. The bankruptcy attorney is NOT the attorney for the plaintiff. His advertisement was stating how bankruptcy could be an option for me since there was a suit against me for this debt. His advertisement letter also stated that I could call now for a free consultation. I received the copy of the plaintiffs compliant through the Pulaski County Clerks online portal. I used the summons that I opened through the mail advertisement, entered the case number in online, and it had the filed complaint, an affidavit, terms and conditions of agreement, my military status, a charge off statement, and summons attached. That’s when I knew for sure that the summons in the advertising mail was legit, because it was the very same one online, under my docket report. So, now, I’m feeling like I want to have this resolved sooner, rather that going into court. I just don’t want to mess anything up, I want to be clear with the attorney what I’m wanting, and I want to leave knowing that the debt will be settled, and it will be removed from my report. Does anyone here think I should use a letter template, or does anyone have some advice on how to reach out to the attorney over the phone and begin the negotiation process? I’d love to hear!
  3. Okay, how would I go about settling, do I contact the creditor, or their attorney? Ultimately, I’m wanting to settle, and also have the debt removed from my credit report. Would anyone have any suggestions on what I would need to add in the settlement letter? Any templates available?
  4. Oh! And the summons wasn’t attached to advertisement from the plaintiffs attorney! The plaintiffs attorney is in Tennessee, the advertisement that was in my mail was from a local bankruptcy attorney
  5. I do not have a defense. I pretty much denied every paragraph on the complaint, denied knowledge of ......... on every complaint. I’m thinking that maybe I can file interrogatories in order to see what evidence they may have. Being as though this is he original creditor, I want to see just what they have exactly tying me to 4,000.00 worth of debt. I do not remember that much credit ever being extended to me. And as of today, the complaint has one amount, but on my report, TransUnion has added about 200 more dollars to that debt, so I’m unsure as to what is exactly owed.
  6. According to my report, The account has not been sold. And yes, Capital One Bank (USA) N. A. is the plaintiff
  7. I’ve been reading several posts regarding collections from Capital One Bank. And my story is no different. I’m needing advice on what I could do next. First, I was NEVER served my summons by an officer of the courts, I was mailed a few attorney advertisements and attached were the summons. Immediately I got scared, and researched how to file my answer, which I did, as of November 15th. I have no legal representation so I’m defending myself “pro se”. Before this summons came about I was taking steps in repairing my credit, and I sent my first rounds of letters to all three bureaus. Since then, I had the summons in the mail, and I filed the answer, I’ve finally heard back from one of the bureaus which states that Capital One has charged my account off, and it’s states, “Account closed by Credit Grantor Account previously in dispute- Now resolves by data furnished” what I’m assuming now is that my account possibly is no longer owned by Capital One, which means that I might be able to file a Motion To Dismiss because the Party has no legal standing to being this case forward. Will that be accurate? My next thought was that I should request a chain of assignment to see if Capital One Bank does in fact still own this debt. Which is the best option moving forward. There is still no set court date, although I do believe it’s approaching, I found that the plaintiffs attorney had paid the case fee of 165.00 to the courts, so a hearing is coming shortly. I need to get ahead of this and work on proper defense.
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