lfreeman8901

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Posts posted by lfreeman8901


  1. They filed timely and if the lawsuit is still pending with the court then the SOL is tolled all this time.  If the suit was dismissed at the time arb was compelled then the SOL time started running again on the day of dismissal.  It does NOT reset.  

     

    Thanks for the reply.  

     

    How do I find out if the lawsuit is still pending or if it was dismissed?  Do I need to pay a lawyer a small fee to make this all go away?  I would rather not have to go to court etc.  I don't live in the same city where I received the lawsuit therefore I would have to drive 2 hours to the court.


  2. I forgot to mention the most important part.  My account went delinquent in 2009 some time.  I don't know the exact date.  Does the SOL still apply since they sued me in 2012?  Or did the SOL reset since they sued me in 2012? We never got any farther than me telling them I was going to arbitrate, me sending the documents to them and getting them stamped by the court, then they backed down and said it would be in our both best interests to not take it to court and we should negotiate and then me agreeing through email but never signing anything that I would pay a $550 lump sum.  

     

    I need to know if the SOL applies and if so, what to tell them so they'll back off.  If the SOL doesn't apply, I assume I should just tell them i'm going to continue to arbitrate if they want to continue?

     

    If i'm leaving anything out just lmk and i'll try to fill in the gaps.

     

    Thanks so much for any help guys, I really appreciate it.


  3. Hi,

     

    I was sued in 2012 by Capital One on a $1000 credit card that I had maxed out.  They charged me $700 in penalties and interest.  I responded with a MTC arbitration which the judge agreed to.  Before our court date Capital One suggested that it would be in both of our best interests to settle up without going to court.  I agreed to negotiate with them and they supposedly reset the court date but I never received any info proving this.  I then suggested that I pay a lump sum of $550 and be done with it, Capital One agreed and tried to get me to sign a settlement agreement but I never did.  (this was all done through email)  I never had the extra money to pay the $550 lump sum and things went silent between Capital One and I from 7/2013 until a few days ago, which I was sent the following email:

     

    SUBJECT:  Capital One Bank, (USA), N.A. v. My name

     

    I hope this email finds you well. I last heard from you in 7/2013 and you had advised you were struggling financially and could not afford to pay the agreed upon settlement sum. Please advise if you plan to send the agreed upon sum of $550.00 or if you plan to move forward with arbitrating this dispute.

     

    Tricia Ward

    Sr. Legal Specialist

    Legal Loss Mitigation

    15000 Capital One Drive, Attn: 12077-0270 Richmond, Virginia 23238

     

     

    What is my next move?  Is it past the SOL and I can just reply with an email stating that it's past the SOL, leave me alone?  Or is it not that simple?  I'm trying to find the MTC arbitration papers that the court stamped but i'm not sure if I have them anymore.  It has been so long since I last talked to them I just figured they let the case drop and I completely forgot about it honestly.

     

    I would greatly appreciate any advice.  I thought this was all gone and now i'm stressing out over it again, especially because I can't remember some of the details.

     

    Thanks

     

    EDIT:

     

    I forgot to mention the most important part.  My account went delinquent in 2009 some time.  I don't know the exact date.  Does the SOL still apply since they sued me in 2012?  Or did the SOL reset since they sued me in 2012? We never got any farther than me telling them I was going to arbitrate, me sending the documents to them and getting them stamped by the court, then they backed down and said it would be in our both best interests to not take it to court and we should negotiate and then me agreeing through email but never signing anything that I would pay a $550 lump sum.  

     

    I need to know if the SOL applies and if so, what to tell them so they'll back off.  If the SOL doesn't apply, I assume I should just tell them i'm going to continue to arbitrate if they want to continue?


  4. Anybody dealing with the likes of Capital One needs to quit trying to figure things out and immediately elect arbitration if your account went into default before 2010.

    If you've already been sued, in addition to sending the election notice to the attorney and Capital One - then file a MTC arbitration with the court along with your answer of course incorporating the fact that you've elected arbitration.

    How exactly would one do this? I have no idea. Im also being sued by capital one for $16xx and don't have much time at all to respond with an answer. I was already supposed to reply with an answer but i have absolutely no idea what im supposed to write.


  5. Also, is it worth taking this to court? What are my chances that I could get off not paying this debt, or atleast getting it lowered to what I originally owed before they imo wrongfully charged me with fees etc.? Again, I have no idea what im doing so I don't know how well I would do in court against an attorney. I also dont want to hire an attorney for something this small.

    Another thing I just read was once the attorney gets a ruling in his favor they have the authority to take the money from your bank accounts etc?? I have the money in the bank to pay it, but I definately do not want to pay it all at once. (or at all)


  6. I know there is alot of these same questions on this forum and I have read thru quite a bit of them but im still stumped on how I need to go about handling this.

    When I turned 18 I got a credit card from Capital One. I'll be 23 in 2 weeks fwiw. I maxed that credit card out, which had a $1000 limit, when work got slow and I needed money. Well work got worse and I couldnt afford to pay the measely payments every month. During this time and apparently up till Feb. 3, 2012, when they finally closed the account, they charged me with $682.05 of interest, late fees, etc. I do not feel like I should have to pay all of the $682.05 back as I told them that work was slow and I couldnt afford to pay at that time. I wouldn't have a problem paying back the $1000 in payments but I refuse to be another pawn for these greedy bastards and pay them this rediculous amount in interest and late fees when I wasnt even using the card anymore.

    I have received the suit finally, from Michael J. Scott and I apparently had 10 days from the day that I received the suit to give the court an answer i guess? I have no idea how this stuff works but I want this to be fair, so i'll figure it out some way. Yesterday was the deadline and i didnt realise it till today. I called the court this morning and she said that the attorney hasnt filed anything new. She said i needed to give the court an answer asap. I have no idea what she is referring to. Do they want me to send in the deny/admit form that came with the lawsuit papers? Or is that supposed to go back to Mr. Scott? Like I said, im lost with this kind of stuff so it's extremely stressful but I want to handle it the right way. Would greatly appreciate it if someone could guide me thru it.

    1. Who is the named plaintiff in the suit?

    Capital One Bank (USA), N.A.

    2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

    Michael J. Scott, P.C.

    3. How much are you being sued for?

    $1682.05 plus attorney fees of at least $420.51 or as otherwise awarded by the court.

    4. Who is the original creditor? (if not the Plaintiff)

    Capital One

    5. How do you know you are being sued? (You were served, right?)

    I was served papers i

    6. How were you served? (Mail, In person, Notice on door)

    In person at my house

    7. Was the service legal as required by your state?

    As far as I know

    8. What was your correspondence (if any) with the people suing you before you think you were being sued?

    I havent spoke with them in years, nor have I made a payment in years.

    9. What state and county do you live in?

    Texas, Kaufman County

    10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

    Not exactly sure on the exact date. I know its been about 3 years or more. I don't know how to check to make sure, I have no personal records.

    11. What is the SOL on the debt? To find out:

    4 years

    12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

    Suit served.

    13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

    No

    14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

    No

    15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

    On the front page it says I have 10 days from the date that I was served to contact the courthouse or show up in person. On the first page of the questionare it says I have 50 days to serve a written response to the Plaintiff.

    16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

    Not exactly sure. They sent about 3 pages that is labeled "Plaintiff's Original Petition"

    Any and all advice is much appreciated, thanks alot!