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Found 5 results

  1. Hi all, So forgive me; it's been awhile since I've had credit problems, but last year was a rough one... SO I had two cards with capital one that both charged off about 6 months ago...... I just got a letter dated 1/18 that says "My account was acquired by Sherman Originators III, LLC on 1/17." And that they own my account and may contact me yata yata.... a) trying to not panic that I will receive a summons 😱😱 b ) I am totally wanting to pay these off. One is for 733.00 and the other for about 1200.00 My finances are kind of tight as I've been paying quite a few things off, but my income is steady and I could slowly but surely pay both. If this is my plan, do I need to freak out that they won't work with me? Unfamiliar with this company; have no idea what to expect. Any help or insight would help. I will try not to react unrealistically in the meantime! Thanks!
  2. A 20 day summons from Capital One and Pollack and Rosen was left at my door regarding a possible debt. I did not sign this summons, and was curious if that will hold up in court? Also we have mediation set up for the end of this month and I am not sure what I should say or bring with me. I tried calling Pollack and Rosen today as well as Capital one. I explained to Pollack and Rosen that I never signed any documents and really wasn't served anything. I asked Capital one if there was a way to settle claimed debt with them and they said no. I did some research today and saw that it is a requirement for them to send me a 30 day notice 559.715 fla sta which did not happen. Thank you
  3. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  4. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  5. These forums have been incredible and are honestly the most competent and helpful resource out there - thank you all! Quick background: Oct 2012: Received letter from H&H stating that they they were attempting to collect on behalf of CapOne. Oct 2012: DV'd them and received a very sad packet with the name and address of original creditor and account statements from Aug 2011 - May 2012. CapOne confirmed my account was closed and charged off/bought? May 2012. Jan 2013: Received notice of intent to file suit and incur court costs - "on behalf of our client CapOne", ended doc with "This communication is from a debt collector." Was served with summons two weeks ago with Capital One listed as the plaintiff. Reason for case: Rule 3.740 collections. 1. Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $2,*** (LIMITED CIVIL CASE, does not exceed $10,000) 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE is the Plaintiff stated 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? NO MUTUAL phone correspondence, received intent letter to which I responded with a DV via certified mail. 9. What state and county do you live in? CALIFORNIA, SANTA CLARA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) OCT. 2012, WITHIN SOL 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? Open case, complaint and summons filed, proof of summons served. Have a few days left to answer. 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. YES - Received name of address of Capital One as original creditor and 10 months of statements; nothing showing assignment to H&H. 15. How long do you have to respond to the suit? 30 DAYS FROM BEING SERVED (I have only a few days left!) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NO EXHIBITS, ETC. JUST CASE ASSIGNMENT, STATEMENT OF LOCATION ADDENDUM, ETC - APPEAR TO BE STANDARD CASE FILING ITEMS. ----------------------------------------------------- I realize my strategy for answer is going to be very different if the plaintiff is the original creditor, but after reading, it seems that H&H is the actual creditor. I called CapOne and finally got them to confirm that they closed the account and charged it off in May 2012. I originally had an answer with affirmative defenses (lack of standing), but I wrote that with a JDB as a plaintiff in mind. My main focus now is to come up with an another answer soon, but I don't know if an answer with lack of standing will work. Should I just prepare an answer with a demand for BOP? Thanks again.