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Found 51 results

  1. 1. Who is the named plaintiff in the suit? Capital One Bank 2. What is the name of the law firm handling the suit? Moss Law Firm (Lubbock Texas) 3. How much are you being sued for? $1,553.64 (Credit report says $1,621) 4. Who is the original creditor? If not the plaintiff? I cannot find another name listed, I think that the OC is the plaintiff. 5. How do you know you are being sued? Served on 5/4/19 6. How were you served? At home address during dinner on Saturday. 7. Was the service legal as required by your state? Yes, I can’t find a violation on the way served. 8. What was your correspondence with the people suing you before you think you were sued? No contact, phone or otherwise. 9. What state and county do you live in? Johnson County, Texas. 10. When is the last time you paid your account? 4/13/17 as recorded on the credit report. 11. When did you open the account? I believe the account was opened in 2014. 12. What is the SOL on the debt? SOL in texas is 6 years. 13. What is the status of the case? Filed-waiting period after service is the last entry on the case file. 14. Have you disputed the debt with the credit bureaus? No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 14 days. I have attached copies of the service papers with all of the facts, cause of actions, attorney’s fees, and prayer. 17. What evidence did they send with the summons? An account statement from November. 18. How did you find out about this site? Have used it before to build an answer. With all of this info, and my searching, I have a few questions. I believe that it is the OC suing, not a JDB. I also think that Capital One’s credit agreement does not have an Arbitration clause, because they removed it during the early 2010s? Seeing as how this is the OC, and there is no arbitration clause, my plan of action is to file a general denial to all points. What is the language to file in the answer that basically states a general denial of all claims? My plan is to file the answer, and then contact the OC and approach for a settlement. I just have to answer to the summons first to avoid a summary judgement.
  2. Capital One Bank (USA), N. A. Balance: $4,704.79 I was laid off back in 2007 and defaulted on my capital one credit card. I was not in a good headspace and never opened my mail as it was always bills and collection notices. At some point a judgment was ruled against me in 2010 for the Cap One debt that I was unaware of (being taken to court) until I just received this letter from Patenaude & Felix, A.P.C. FKA Bleier & Cox, A.P.C. dated 2/25/19 this past week (it went to an old address). It reads I have 14 days to accept their offer (reduced to 70% - $3,293.35). 1) do lawsuits show on credit reports? As I don't see it or anything under collections on my reports. 2) is this place legit? 3) now that there is a judgment against me, I need to handle this. Which honestly. I do want to as it was a debt I accrued at the time. But the amount of money is still a lot for me. Is this amount negotiable you think? I want to handle this personally and not wait to see what happens and next thing I know my accounts are drained and paycheck garnished.
  3. Hi everyone, I recently received a "Pre-Legal Notification" letter from Midland Credit Management, Inc. informing me about a balance owed to Capital One. The letter says, "After numerous attempts to contact you regarding this account, Midland Credit Management, Inc (MCM) will transition your account into the attorney review process after 02-12-2019." I have never dealt with anything like this before and would greatly appreciate help from someone who has any past experience and knowledge in what to do in this situation. I have read some of the other posts about sending a DV letter, waiting for a response, and using an arbitration clause but I'm not sure I fully understand what to do. I'm a student and don't have a lot of money, much less the amount they're asking me to pay. I would like to avoid paying this if possible and to have the Midland account removed from my credit report. I would greatly appreciate any reliable advice that you can offer me on what to do in this situation and thank you for your time in advance.
  4. Hi, I have received letters that I being sued by Porfolio Recovery here in Texas for $4k owed to Capital One on a credit card. I have read thru several post and noticed that Capital one has no arbitration clause. I have not been served yet and honestly don’t know how to proceed? Should i fight it, reach out to the OC for a settlement....PLEASE HELP
  5. (Backstory) Several years back I was handed a summons while my now dead ex was having his condo forclosed on him. Was busy at the time the summons looked fake and all types of things were wrong in it so I never bothered to answer their complaint. It was with first national premier bank and they were way over the statute to be suing anyway. So this was around 2008 when this happened. I lost my job and the economy collapsed then I went under and came up but there sure is a storm brewing now and I don't even know where to begin. I got credit for $250 back in 2014 swore I would never have credit nor did I want it again. Had tax returns that were sending me off on a solo journey to Europe in 2015 and right before I left they expanded my credit to 2500 because I opened up a bank account with Citi Bank one of the only banks I thought would also be in Europe so I could access my money. Citi is awful bad idea on my part. Now I know. Flash forward to now I just broke up with someone who has kept me financially unstable the past 4 years saying. He's out of the picture now but I just got a summons from capital one USA na on September 16th I received 5 alerts from every credit monitoring system that my social security number was on the dark web and my main email was compromised the one with all my info on it. So I put fraud alerts on all this stuff but I am in debt bad right now. Almost 20k I don't even know how that's possible. When just 3 years ago I was in the black. First thing I need to know is where to get an answer to complaint template so I can start filling it out . Second now with my identity compromised who I am in the answer and for that matter who are they? plaintiff alleges as follows 1. Plaintiff is a national banking Association organized and existing under and by virtue of the laws of the United States of America. Might be a stupid answer but can I deny that being virtues and laws are granted to, by and for the people, to the people and by the people. Capital one is a financial corporation who here in California the people do not recognize corporations as people so can I deny their claim of identity ? 3rd what about mine they neglected my middle name . This is their second allegation. The true names and capacities, of defendants named here in as does 1 through 5 inclusive, or unknown to Plaintiff, who therefore sues said defendants by such fictitious names, and plaintiff will amend this complaint to show their true names and capacities when the same have been ascertained. Yes this seems complicated but I'll not attorn myself and will take these mfs down American style pro se. It's a limited civil case rule 3.70 collections not complex nor a class action. In their addemndeum their are 3 steps they had to do. They never circled the number in colum c which they did x off in colum b for A6012 other promissary note collections cases. But they seem to circumnavigate the whole missing circled number with step 4. Should I file for a general dismissal because the form was missing that step and then they looked into the Department of defense to see if I was on active duty which nothing came back I did take the oath to join the army in 2003 but I was caught in a pickle because of my recruiter telling me to lie about my past then when my past came up I never got my date to go to boot camp. So it's like I joined but not really. I don't even know about that one. Good this is a novel. Sorry any help would be much appreciated. As I don't plan on paying these money grubbing fat cats 1 iota of money when the entire time 29.9 apr. After the first year. Yep that's what my rate was for 4 years with capital one. Citibank too with their card and $4000 not exaggerating in banking fees since 2015. My credit score is hovering around 450 right now. Also if this is my future and I can't afford to pay for food right now. I work the weekend so I'll make grocery money then. Should I call up my 401k and empty it for fear of garmishment. I'm a waiter so they can't really garnish my wages. Losing out on tax returns might suck but I'm more worried about the whole no id theft thing than anything especially when my Id isn't that great. I've been just run under the bus just to get up to get smashed by the train approaching. Dealing with the ID theft I had to lock all my credit reports, get some new cards. But I put quite a bit into my SSI and still need to talk to them about everything. Haven't filed a police report yet because I don't know what to do I'm being sued no one has done any wrong exept me getting behind on bills that are only stagnant and high because of interest rates on them. I don't make much probably 25k this year a good year is 30 k. Things are getting pricier rents going up and work is getting slower. Didn't really have an American dream growing up but I sure would love to be the poster child for waking America the hell up. I was taught and educated to be a consumer. Play their rigged Monopoly game. Be nationalist and turn a blind eye to the wrongs and aggressions of our leaders. To not be accurately represented. To not challenge status quo. I know better now. We are slaves. Economic slaves brainwashed to fret for our contracts and fret for our lawsuits in some 3 ring circus bullshit. The defendant prays for rain your honor.
  6. Hi! Thank you for putting this site together. I have never been sued. I have looked through the posts on this site but I am still very confused on how to reply to the Summons Complaint. I would like to create a post that is clear and detailed on how to address this Summons in the hopes of assisting anyone else facing the same. Please help. I think I would like for the Plaintiff, Portfolio Recovery Associates, to drop the case. I am not sure how to proceed. If I can't get them to drop the case then settling for a smaller amount to pay them is my second hope. I am unemployed. I do have all the pages of the Summons & Complaint scanned and can upload them if needed. The Summons was served at my door and I have 30 days from 08/18/16 to respond. I do owe the money but it was owed to Capital One Credit Card. I would rather not pay the amount since I am unemployed but if I have to I would like to have to pay a lot less. I would also like this to go away as easily and painless as possible. I would rather not have to go into the Court House. Please tell me in detail the steps I should take. The following are my beginning questions; -Do I want to challenge the Plaintiff by requesting they supply proof I owe them the money in the hopes of them not wanting to put that much effort into the case or do I want to request Arbitration or should I submit something else? -What do I send in reply to the Summons, what does it look like and what should it say? -Do I send my reply USPS Certified with tracking and proof of delivery? -Is the Summons and Complaint valid and done correctly? Is there anything about this Summons and Complaint that says it's an easy win for me? I noticed that others have posted specific questions and answers to help assist so I am supplying that info as well; 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques. 3. How much are you being sued for? $1967.00. 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?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? By mail by Portfolio stating they will open a case. 9. What state and county do you live in? California, Orange County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014. 11. What is the SOL on the debt? 4 years on credit cards. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons and Complaint, waiting to respond. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not. 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. I have not. 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? 30 days from 08/18/16 (day served), They did not include a questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Affidavit. Included Exibit A which is a copy of a Statement from Capital One from Jan 2014 showing I made a payment and Exibit B which is another Statement from Capital One showing I did not make a payment for Feb 2014 and also an attached document that states "Your Account Has Charged Off, it is now being serviced by the Recoveries department, call 1-800-###-#### if you have questions about this notice." with no other information on that document. No Contract. Please help me and others by explaining to me step by step what I should do now that I have been served. Thank you all!
  7. Hey everyone, I am looking for guidance on next steps. I opened my first credit card living in South Carolina with Capital One in college, it had a $10,000 limit (I'm not sure how, I knew nothing about money) and maxed it out and forgot about it. I can't remember when I started receiving calls and letters about collections, but eventually I told my mom about the debt and she suggested I ask for a hardship thing which I did. Interest and late fees stopped, and again I forgot about/ignored the debt. I checked my credit score a couple months ago and saw that it had jumped like 300 points overnight, and found that the Capital One account was no longer on my report, and naturally I was elated, thinking I was forgiven and that I had gotten out of this alive. A couple months later when I checked my score, It was down like 100 points and the new account on my credit score was Portfolio Recovery Associates to the tune of $11,383.67. I began receiving letters again a few months ago, now living in Virginia. I received a letter dated 3/26 that my account has been transferred to litigation department, "at this time, no attorney within the litigation department has personally reviewed the particular circumstances on your account." It appears PRA has purchased my account because Capital One is listed as "seller." I have not responded to any letters or spoke on the phone to anyone regarding this account in years. My guess is that this is within the statute of limitations (6 years for both South Carolina and Virginia), however I don't really know when I stopped paying the credit card bill, probably sometime in 2014. I make very little money (working on it though), have no property except a car which I still make payments on (Capital One Auto Finance), and cannot realistically even settle, their offer for a one time payment of $7,968.56 or monthly payments of $758.91 (I know that it is not advised to make payments to a collections agency) as I simply cannot afford these rates. I don't have a record of these letters (simply threw them out) or of the original credit card details (when I opened it, when I stopped paying, etc.). This is my only debt- no student loans, outstanding bills, etc. aside from my car loan (which is in good standing). Can I even send a debt validation letter? Initial correspondence was a long long time ago. Would they sue me? I don't think I'm a good candidate for wage garnishment or property seizure. I had a rough couple of years in college and after and have been working on cleaning myself up. It would super suck to get sued or have to pay a lot of money, mostly because I don't have any. Do South Carolina or Virginia laws apply? Thanks so much in advance for any guidance.
  8. Hello Folks, While viewing my free credit reports I see that one of the agencies shows Portfolio Recovery Assoc, LLC as in collections. I am in the midst of Warrant in Debt litigation (in Virginia) with PRA on an alleged Capital One credit account. Why do I not see Capital One listed in my credit report? Has PRA completely and/or LEGALLY taken the place of Capital One so that the original debt will no longer be reported with the reporting agencies. Is PRA in violation of the Fair Credit Reporting Act and/or the Fair Debt Collection Practices Act? Can I now submit that credit report as evidence that the Capital One account has been closed? I have other concerns regarding defending myself in this matter. Looking for a "coach" to walk me through it all. Thanks. Coach Mac
  9. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Nelson and Kennard 3. How much are you being sued for? $2,5XX 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?) Papers left at my front door. 6. How were you served? (Mail, In person, Notice on door) Notice on Door 7. Was the service legal as required by your state? Maybe 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I recall recently. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 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? Pending 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 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? 30 Days to Respond. The attorney just completed forms where they checked off boxes and xeroxed signatures. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all. So it looks like I am being sued by a very aggressive OC and a very aggressive law firm. I was a good credit card customer for 11 years and when I hit a rough patch they refused to work with me and actually lied to me and screwed me over. My last payment is within the statute of limitations but I opened the account in 2002. I have a copy of the credit card agreement for that year and it does have an arbitration clause with survivability. Is my best bet to try to force this to arbitration? Will that make it more expensive for them than it is worth?
  10. 1. Named Plaintiff: Portfolio Recovery 2. Law firm handling suit: N/A. 4 individual lawyers and bar numbers are listed, with no firm name. I'm not positive that they are not simply employees of Portfolio? Names are Emily Pierce, Jordan Cook, Lori Williams, and Kristen Brinkerhoff. 3. What is the amount of the suit: More than $1,000, but less than $1,500. 4. Who was the original creditor: Capital One. 5. How do you know you're being sued: ... I was served with papers on Sunday, 30 April 2017. 6. How were you served: In person. 7. Was the service legal as required by the state: I believe so. 8. What pre-existing correspondence did you have with plaintiff: I'm not aware of any. 9. What state and county do you live in: California. County is a relatively small one, rural-ish, so I'm not sure I should name it. It might make things too identifiable for PRA. 10. When was the last payment made on the account: according to plaintiff's complaint, the most recent payment on the account in question was <3 years ago. 11. SOL on the debt is 4 years. 12. I'm not entirely certain what the status of the case genuinely is at this time. My county does not appear to have case info online other than the immediate court calendar. I was served yesterday, and I was too busy today with work, chemo, and radiation to be able to go to the courthouse. (Yes, this is exactly one extra set of stress that I did not need right now.) 13. I have not disputed the debt with any credit bureaus, the original creditor, or the collection agency. I was rather surprised when I got served yesterday. 14. I did not request debt validation--again, this was all quite a surprise to me yesterday. 15(a). I have 30 days to respond to the suit. 15(b). Claims will be described below. 15(c). No interrogatory was received. 16. There were two exhibits attached to the summons and complaint. Each exhibit purported to be a credit card statement from Capital One. Neither included a complete account number, only the last four digits. Exhibit A purported to show the final payment received by the original creditor, as well as a few small purchases. Exhibit B purported to be a statement from a year later. It purports to show a past due balance and a minimum payment, and has a payment coupon attached, but there is nothing that identifies it obviously as a final settlement. There is an additional page to the purported statement in Exhibit B which notes that the account has been charged off and gives a phone number to call for more information, but there is no account number or other information on this sheet which would tend to indicate that it is associated with any particular account or statement. Verbage of the complaint is as follows: It seems as though, since this is exclusively an Account Stated issue, there's no point in doing a BOP. That said, it looks like it still could be a useful attack. I've never seen either one of the exhibits they've attached to the complaint, and so far as I know, nobody makes a habit of sending their credit card statements by CMRRR, so it seems that there's really no way for PRA to prove that I ever assented, implicitly or explicitly, as to the accuracy of the original creditor's account as stated. Therefore, BOP might still prove useful? It seems additionally useful in forcing PRA to prove that I provided assent, implicitly or explicitly, to the accuracy of their account as stated. I have absolutely no recollection of ever seeing any account statement from PRA, and I certainly can't assent to the accuracy of something I've never seen. What are y'all's thoughts on this? Since this isn't a verified complaint, there's no reason to admit to anything, even my own name, right? Just use the general denial and head for discovery? Also, one potential wrinkle: I did have an account with Capital One that was active from 2010 until 2016 when it was paid off, but... it was a car loan. Would documentation from that be subject to discovery by PRA in the present litigation? Anything else I need to be thinking about right now? (Aside from the obvious of getting the CCP96 and CCP98 stuff that I can tear up with the data from previous cases discussed here, and aside from the equally obvious not being late with my answer and also the whole deal about maybe trying not to die.)
  11. First post ever. Wish I woulda found this community a month ago. Been sued by CO and seems they've hired PNF in Nevada. I filled out a generic answer not really understanding the process but wasn't just going to roll over and take a wrongful judgement. I received a summary of judgement and I have very little time to respond. Seadragon posted some awesome content and steps for the state of CA which has very similar laws to NV but I'm lost and have no where to and find a straight answer so hopefully I'm not posting material that been covered but here are my questions... 1. The papers say I need to file an "Opposition" if I'm contesting the summary what do you recommend I contest? 2. Should I amend my answer and file complaint/counter claim? 3. How is it they are able to place burden of proof onto me? 4. I do have a court date so is there a way to get it to trail or dismissed before this? I will fight and win this one way or another just require a bit of guidance and wisdom. Any help is greatly appreciated
  12. Hello all, I've been combing the forums for about 5 hours now and I was hoping to get some help specific to my situation. Thank you in advance for taking the time to read this and hopefully responding. 1. Who is the named plaintiff in the suit? Myself. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker, & Moore, LLC (representing Capital One) 3. How much are you being sued for? $5454.23 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA), N.A. 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? Yes 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? St. Joseph County, Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2015 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? 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? No 15. How long do you have to respond to the suit? 20 days - August 10th is the final day to respond. 16. What evidence did they send with the summons? Copy of credit card agreement (no signatures) and Affidavit of Debt I'm not sure what my chances are of actually getting this suit dismissed, I just know that I do not have the funds right now to try and settle out of court, or have this suit automatically ruled against me. Basically I want to delay the final judgment as long as possible at the very least while I try and find some options. Here are the complaints listed for reference: Plaintiff alleges: 1. That the defendant(s) is (are) indebted to plaintiff for purchases of merchandise sold and delivered, services rendered, or cash advanced at request of defendant(s) and paid for by plaintiff arising out of the use of a credit card pursuant to a certain credit card agreement entered into by the plaintiff and defendant(s); that a copy of said agreement is attached hereto, made a part hereof and marked Exhibit "A". 2. That thereafter plaintiff performed all the conditions thereof on its part to be performed. 3. That defendant(s) have failed and refused to pay pursuant to the terms of said instrument and are in default thereon. 4. That there is due and owing plaintiff thereon the sum of $5454.23 and costs. Plaintiff is not seeking attorney fees. WHEREFORE, plaintiff asks for judgment for $5454.23 and costs. This is the answer I have so far: Defendant, appearing pro se, for its reply to the Complaint naming CAPITAL ONE BANK (USA), N.A. Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. 1. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 3. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 4. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted. AS AND FOR AFFIRMATIVE DEFENSES 1. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 2. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 3. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws. 4. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. 5. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 6. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated this 8/9/2017 Does this make sense? And do I need to respond to the affidavit in any way? I'm not well versed in this type of thing so any advice would be greatly appreciated.
  13. 1. Who is the named plaintiff in the suit? - Capital One Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Bleier and Cox 3. How much are you being sued for? - $4000 4. Who is the original creditor? (if not the Plaintiff) - Same 5. How do you know you are being sued? (You were served, right?) - I was served 6. How were you served? (Mail, In person, Notice on door) - Through a member of the household that is over 18 7. Was the service legal as required by your state? - I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - They sent a letter a few months ago, but none otherwise (I ignored it) 9. What state and county do you live in? - San Bernardino, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - They stated September 2015 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). - Complaint and Summons filed 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? - I was served yesterday. I have 30 days. By my calculations, the 30 days ends on June 22. Is that correct? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Nothing at all. I received the Complaint, Declaration of Nonmilitary Status, Certificate of Assignment, and Civil Case Cover Sheet I have been doing research here and other sites. I am preparing to complete the General Denial and Bill of Particulars. Is that correct? Basically the gist of my General Denial will state that they haven't verified anything or provided proof of anything and therefore I'm requesting a dismissal, correct? I'm also on permanent SSDI as my only source of income, so they will not be able to collect on this if a judgment is obtained, since it is protected income. Is this the time to state that or is that somehow admitting that I owe this debt? Also, I have reason to believe , that their associates attempted to hack into my Credit Union account a couple of days ago (still waiting for word from my Credit Union, as they are seriously investigating the breach). My thought was to add verbiage regarding seeking separate restitution for their breach to my separate and private accounts. Is it going too far to throw this back on them at this stage? I guess my hope is that they'll see me as non-collectable and give up their window to reply. I know, wishful thinking. Thank you for any help!! -Miranda
  14. Hi everyone, I am new to the board and this is my first post. I am looking for some advice on how to proceed with two debts being collected on by Portfolio Recovery Associates. The first debt was originally owned by HSBC before they were bought by Capital One and the account balance is $1,900. The last payment was made sometime during 2013 and was later charged off. The other debt was originally owned by Comenity Bank, the last payment was also in 2013 before it was charged off and the balance is $1,400. I was not aware of what the debts were at first so I sent a debt validation letter to PRA. So far they have "validated" only the Comenity Bank debt by sending me copies of 3 credit card statements, one showing the balance that they are requesting. I am now worried sick that they will attempt to sue me for the debt as I am now trying to rebuild. I have been reading a lot about junk debt buyers, settling, and arbitration but I am unsure as to what steps I need to take next or if I do nothing at all and just wait to see what they do. I'm hoping someone can offer advice on what my options are and what I should do to attempt to protect myself from a judgement being placed on my CR. Any advice? Thank you in advance!
  15. Hello, I was served a Complaint by Patenaude & Felix (in January) suing me for an account on a credit card debt with Capital One and I have already answered with a general denial. I was already skeptical about Patenaude & Felix's validity, but now my hunch has gotten even greater. I just got a letter in the mail from Capital One stating , "Thank you for contacting us.. (which I have not contacted them) ...and "Your credit card account was acquired by Portfolio Recovery Associates, LLC ." "Portfolio Recovery Associates, LLC now owns your account and may contact you either directly or through an affiliate or third party." Now I'm not sure what to do?? Can Patenaude & Felix sue me on an account owned by Portfolio Recovery Associates, LLC? Who contacted Capital One in the first place and should I contact Capital One?? I intend on fighting this in court thanks to the help of many of you on this board. Any help on this would be greatly appreciated! I have a court date set for next year (February 2017).
  16. I received a summons to appear in small claims court from capital one regarding credit card debt for a card I had years ago. I remember this acct only had a limit of $550 because we got it after my wife and I had to file bankruptcy due to the medical cost for our son who has cerebral palsy. Later we cut this card up because the interest rate was so high. I am now being sued for $3000 and the only information attached to the summons is a statement dated 2015. What should I request during the first court appearance? I'm totally lost with this and have never been sued before and have no idea what all is involved with this. I can't not afford an attorney due to the cost of care our son receives. Any and all advice would be greatly appreciated. Thank you for your time
  17. 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 & Associates (Scott & Associates) 3. How much are you being sued for? $2427.17 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served Papers 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No Previous Contact 9. What state and county do you live in? Denton County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April, 2014 (Don't know exact day, but it is within statue of limitations) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Answer Due (Already responded, today July 18th, with a General Denial) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not that I can recall. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 14 days + Monday, Answer has already been filed with a response of General Denial. I didn't find this forum until late last night, unfortunately and was out of time. No questionnaire was given. Plaintiff's claim is breach of contract for a Mastercard account. My suit will be attached to the post. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was given other than the below on the original petition papers: Address, with an incorrect apartment number Last 4 digits of account number Account Opening Date Account Closed Date After browsing cases on these forums it appears that fighting an OC is a lot more difficult than a JDB, but I think I'd like to try at least. I've read a lot of TexasRocker's posts but I'm not quite sure where to go from here. My answer has been filed with the claim of General Denial, and I've sent a copy of it stamped by the Court Clerk, mailed as First Class, Certified, Return Receipt Requested. What is the best route to go when fighting an OC? Should I file a motion for discovery against the Plaintiff? I don't really have any information on this account. The account is no longer showing up on my credit report either, not sure what that means. I appreciate any help that's offered, thanks in advance!!!
  18. I'm in Seattle, WA. This debt collector from OR sued me and they said you owe 1400 dollars. They said you had Capitalone/Best buy card 5 years ago and you never pay it. They didn't send me statements or payments I made or any kind of Evidence for their claim. I filled an answer denying the whole crap except the (The defendant was issued card number xxxx54) which hapens to be true but that card was from HSBC Bank not even from Capital One so they don't even know the original provider of the credit card. Anyway Send them documents of admission and request of documents from my side. But they keep calling me everyday and I don't answer their phone. Three days ago I met with local lawyer in here and they said we'll do this case on your behalf and we'll not charge you any money but let's sue this debt collector so we can get our fees from them. I told them I don't care whether you sue them or not, I only care about this case. So from yesterday my lawyers call me and they said they sued that debt collector on your behalf...
  19. 1. Who is the named plaintiff in the suit? Capital One Bank USA, NA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moss Law Firm Lubbock TX 3. How much are you being sued for? 3500 ( credit card limit was $3000) 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?) served with original petition 6. How were you served? (Mail, In person, Notice on door) left it door ( not in person ) 7. Was the service legal as required by your state? Yes ( maybe) 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence at all . they had send me letters and called but I never responded or received the call . They state my phone no is unknown to them in the case filed 9. What state and county do you live in? Dallas County Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/01/2014 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 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 on April 13 2016 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? 14 days no interrogatory questions 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. last statement balance attached from Dec 2014 , list of facts in the petition, 1st cause of action - breach of contract; second cause of action - Account Stated, third cause of action - common law debt
  20. Sued by Cap One and just realized the summons was served on 03/02, so I am actually going to be 2 days late if I do answer. I'm thinking I should settle, however. Representing law firm is a debt collector, but I called and asked them to confirm whether Capital One still owned the debt and they said yes. They are representing them, is all. The amount they allege is 1,879. The amount they'll settle is 1,695. I could not remotely come up with that amount, but they will take 50/month and send the agreement to the judge. My income is INSANELY low, so I don't know how a summary judgment would work w/ garnishment, or how long it would take to go into effect. I'm guessing I'll have to bite the bullet on this one and pay the 50 bucks, knowing that Capital One won't remove it from my credit report and it likely won't do any good. My thought is that it would at least be less than a garnishment. Anyone have any suggestions? The supporting docs were a statement and the card agreement. I saw a lengthy answer from another board member that i have considered filing, which essentially says there isn't enough evidence, signature on contracts, record of amounts, etc. I don't know if that's a good way to go, but i'm already late filing, anyway. I just want to be sure I take the best approach. I am trying to avoid bk, and all of the other debts I've got are being handled by jdb firms (except one other Cap One account). Discover already dropped their suit because of the MTC arbitration, so I am hoping that will work with the other creditors. My debts are generally under 2K (2014 was a horrible year and I just couldn't afford minimum pmts anymore, and credit rating was so low anyway bc I was maxed out). Anyway, I feel like I keep coming here and bugging the crap out of you guys, but it seems like all kinds of new stuff keeps coming up that throws a wrench into my plans, so if anyone could take just a moment to let me know whether I should just start making payments, that would be really helpful. Thanks again for all your help
  21. I just received a letter from capital one,which was sent to my old address, and its saying that I have a balance of $635.42 with them and that it's with midland funding now. I have a problem with this because first of all, I don't have a capital one credit card. Second, I'm 20 years old, and I only have 1 credit card, which was a credit card from my bank with a limit of$300. Can somebody help me. How do I deal with this. I received the letter just today from my friend, and it was dated november 14,2015. I emailed capital one already telling them that I don't have any credit card with them. And I googled midland funding, and found out that they will sue you if you dont get back to them. I'm so confused of how to deal with these. can somebody help me, please.....
  22. I filed a motion requesting arbitration as stated I can in the cc agreement. OC attorney responded to the motion saying my cc agreement was old and the new cc agreement they sent out had the arbitration clause taken out. They also sited the new revised agreement was sent out due to a class action lawsuit filed in 2005. I have no idea what to do from here? Any help would be greatly appreciated.
  23. Trying to advise my friend on how to proceed with CC collection lawsuit from Capital One. This is in Maryland. The complaint form for court shows attorney signature and address. In the section where it shows "application and affidavit in support of judgement" shows a check mark that 'itemized statement of account' is attached, but there is no signature or date at bottom of form for affiant. I mentioned this to my friend and he was wondering if that is needed because lawyer signed a section of the complaint elsewhere and since an affidavit is attached. Looking over the Affidavit and googling the Notary, it appears the Cap One employees are playing tag team and alternating who 'plays' the role of notary and who claims to have knowledge of the debt. Their names alternate in different documents Ive found in other CC Debt collection cases. So I am wondering two things. Is the complaint valid without actual date and signing of affiant ? Is this a clear act of robosigning and bad faith by notary/employees of Cap 1 ? Thanks.
  24. Last night I received a packet from the attorney's representing capital one for a motion for summary of judgement. This suit started in March when I was served the summons. I responded and listed 3 affirmative defenses. 1) Plaintiff failed to state a claim upon which relief can be granted. 2) Lack of Privity (Defendant never entered into a contractual debtor/creditor agreement with plaintiff. 3) Statute of Frauds (contract or agreement falls within a class of contract or agreement that is required to be in writing.) There has been no discovery process. They have simply attached about 24 months of account statements. There is no contract at all and not a single piece of their evidence has my signature on it. They have scheduled the motion for a week from tomorrow. I have to work that day as well although I may be able to have my shift traded. What is the best thing I can do from here? Or am I just at the mercy of the judge hoping their evidence is not enough to over come my defenses? Thanks!
  25. I recently got a Dismissal without Prejudice filed by Capital One (CO) in North San Diego County. I beat them at their own game by following steps taken by other members on this board - specifically SeaDragon. This was a credit card suit whereby CO claimed I owed roughly $3000. CO hired a local attorney in San Diego - Legal Recovery Law Offices; I believe they handle all CO's lawsuit in SD. The Complaint did not have any contract or other exhibits attached and plead only Breach of Contract and Account Stated. Once I was served with the Complaint, the following defense strategy was used: 1. File an Answer ON TIME (within 30 days): You can get the answer form online at your local court. Take the time and Deny each and every allegation raised in the Complaint - "Defendant denies the allegations contained in Paragraphs 1-5 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged ......" . Specifically deny the Paragraph that refers to the written contract - "Defendant denies in Paragraphs 6-8 as there is not, nor has there been any agreement, written, oral or implied with the Plaintiff and Defendant. a. Make sure you read on this board all about affirmative defenses you can raise, i.e. failure to state a claim, court lacks subject matter jurisdiction - lack of standing, statute of limitations, statute of frauds, failure to request arbitration, invalid assignment, failure of consideration, FDCPA violations, and other equitable defenses, i.e. laches. 2. At your First scheduled hearing - REQUEST A JURY TRIAL! Most law firms will drop their cases shortly since costs handling a jury trial will exceed the debt owed. Don't make any offers to settle since it is too early in the game to quit. 3. If you are served with Interrogatories, Admissions, and requests for documents, do not panic. Make sure you respond and answer each interrogatory and deny all admissions. You can ignore producing any documents unless you had sent CO "dispute letters" or similar. If you do not have an answer to the interrogatory, state so with "I lack sufficient information and knowledge to answer this question". Do not admit to anything they ask you. 4. After answering P's Interrogatories - DRAFT YOUR OWN INTERROGATORIES, Admissions, and Production of Documents and serve on P - you can look on this board for examples. I basically used P's format and started with the Contract issues - offer, acceptance, consideration, breach, and damages. I got specific when it came to details of the debt - charges, payments, over limit fees, past due charges, etc.. Make sure you ask for dates on "missed payments" and "last payment made". You want to make sure you nail down specific dates for Statute of Limitations (4 years in CA) facts. b. Production of Documents - very important to request copies of credit application, card holder agreement, changes/modifications to interest charges, statements, and "all other relevant documents". 5. P's response to my interrogatories, etc.. was to send me CO's 2005 Card Holder Agreement and the last two years of statements AND a CCP 98 Declaration by Wandi Chamberlain - CO's legal rep in Lieu of Personal Testimony. In her Declaration she failed to lay the proper foundation/lacked personal knowledge/no authentication required by the Hearsay Exception for Business Records - she was not an employee of CO, only an agent of a subsidiary, did not state when the account was opened, agreement not signed, and other insufficient conclusions - totally bogus boilerplate P Declaration. They also included in their "packet" a CCP 1987 - Requesting Parties to Attend Trial and to cut-off anymore discovery. Of course, they requested that I attend Trial. 6. Now, you MUST send P your own CCP 1987 and request that Wandi Chamberlain appear on the Trial Date - make sure you save your proof of service. 7. By now you have your Trial Date. About 10 days before your trial, PERSONALLY SERVE SUBPOENA DUCES TECUM on Wandi Chamberlain at the bogus address given in P's CCP 98 declaration. Do not allow the Marshal to "sub-serve" anybody else - even if the CCP 98 declaration states that you can serve someone else instead of Wandi. Only name Wandi in your subpoena. The service will fail since Wandi will never travel from VA to appear in court. 8. Before or at your Trial Readiness Conference, file and serve your Motion in Limine to throughout Wandi's declaration, contract, and statements (all Exhibits attached to declaration) as Hearsay evidence. This forum, specifically SeaDragon, has sample Limine motions you can use. Once I served the Limine motion and awaited my trial date - CO caved and filed the Dismissal a few days before trial. CO cannot win any of these cases unless they can provide a "legal rep" capable of providing testimony as to your specific credit card account. All their evidence gets tossed as Hearsay since they haven't gone through the requirements of the Business Records Exception. Wandi's declaration is completely bogus and the fact she doesn't reside within 150 miles of the courthouse and subject to a subpoena, the courts will not allow the declaration and attached exhibits. File an Answer with Affirmative Defenses, Request Jury Trial, Respond and file your own Interrogatories-Admissions and Documents Request, File CCP 1987 Requesting P's main Witness to Attend Trial, and file your Motion in Limine and watch how fast CO dismisses your case. Thanks to all the knowledgeable members here - I hope my strategy will make you a winner against any Capital One lawsuits.