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I’m not sure what to do. I’m not employed and don’t have funds to settle. I filed a general denial with affirmative defenses. My case management conference is imminent but I haven’t filed a statement (nor have they as far as I know). – Is it ever too late to file a case management statement? What do I put in it? What about the duty to meet & confer (I haven’t done that)? – Should I try to compel arbitration? My account was opened before the arbitration clause went away, I believe. – I’m unemployed and have no funds. Am I uncollectable? Can I get them to see that? I’m grateful for anyone’s help. Thanks. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Capital One Bank, N.A. (USA) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Nelson & Kennard 3. How much are you being sued for? $10-25K 4. Who is the original creditor? (if not the Plaintiff) Plaintiff 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 & mailed 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? Received letter from N&K authorizing lawsuit. I have not contacted them. 9. What state and county do you live in? CA (county withheld) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Less than 4 yrs ago 11. When did you open the account (looking to establish what card agreement may be applicable)? Before arbitration was removed from cardholder agreement 12. What is the SOL on the debt? To find out: 4 yrs in CA, unless VA choice of law applies from agreement Statute of Limitations on Debts 13. 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, general denial filed with affirmative defenses, case management conference soon, no motions filed. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract’). No 16. 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? A single Cause of Action — Common Counts alleging indebted “on an open book account for money due” and “because an account was stated in writing.” I’ve already responded with a general denial with affirmative defenses. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. Only a verification statement from the lawyer. 18. How did you find out about this site? Google 36. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

Good ole' Swim got a letter in the mail from Hunt & Henriques (H&H) recently.... The letter claims the amount owed to CapitalOne (CO) is ~$6,000.00. Swim responds well within 30 days via Certified Mail Return Receipt Requested (CMRRR), with a simple request for validation. Something along the lines of... "I dispute this. Validate. P.S. Don't call me." H&H wastes no time and sends about a years worth of statements from the alleged CO account, which includes a page from CO that the account was charged off. That's it. A few days later H&H sends their notice of intent to file suit: Swim lives in Southern California, and already checked -- arbitration is out the window due to CO removing that clause. From what Swim can tell, H&H didn't actually validate the debt, and the SOL is in effect for a few more years. Not sure is CO owns the account and H&H represent them -- or if H&H is a Junk Debt Buyer (JDB). And at this point does it make a difference? Should Swim respond and further dispute the alleged debt? Or simply sit back, continue to read up on California threads on https://www.creditinfocenter.com to formulate a game plan, and wait for their next move (which is likely to be what?)? Presumably, with COVID, H&H has collections up to their eyeballs, and Southern California courts are experiencing delays... it could be some time before this makes its way into a courthouse? Or is that wishful thinking? Good ole' swim isn't an easy target, and isn't going to roll over. What's the best course of action to get a jump start to defend against this alleged debt, presuming H&H follows through on their intent to file suit? Thanks! ~Swim

Several years ago, I was a member of this forum. I had to create a new account as password recovery didn't find me... I was served with 2 complaints recently. One from JDB that I'm feeling confident for now that I can deal with. The second is from an OC and I'm now in the first phase of discovery. I'd like to hash it out a bit. 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.) Johnson Mark, LLC 3. How much are you being sued for? Approx 6,000 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? left on doorstep 7. Was the service legal as required by your state? Unknown, probably yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? Idaho 10. When is the last time you paid on this account? SOL not up 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure, 2013-14? 12. What is the SOL on the debt? To find out:Time has not expired 13. What is the status of your case? Suit served? Motions filed? Served. Answered Summons/Complaint, denied all but my name. Used Failure to State Claim as affirmative defense as absolutely nothing attached to their complaint. Filed my answer at the clerk's office and sent certified/return receipt copy to Plaintiff's attny. I've sent my first set of discovery requests to attny. I received Plaintiff's 1st set of Discovery requests and am now working my way through my answers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').No I have not. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was sent with the summons. I can't find if they were required to attach anything in Idaho? This is one of my questions. 18. How did you find out about this site? Internet questions I've mailed my first request for Discovery/Interrogatories/Request for Docs. Mailed it to them 01/09/19. One day later, I received a packet from them containing Plaintiff's 1st set to me. Looks like they're still using the exact same questions as they did several years ago! I'm aware an OC is a whole different ball game then JDB, but I'm slightly hopeful I can pull through. I'm diligently searching and reading and studying, trying hard to find my own answers to my questions. Just need some encouragement and a little nudge in the right direction now and then. Their interrogatories contain the standard questions, along with asking if I've ever been convicted of a felony, been party to a civil suit, identify books/papers/records I used to answer...(answered these with: Objection, irrelevant and not likely to lead to admissible evidence. Or, with Defendant without sufficient information or knowledge, etc.). I answered all of the requests for Admission with: Defendant states after a reasonable inquiry, information known or readily obtainable is insufficient to enable to admit or deny therefore denies. With the exception of the last request. Request: True and correct copies of the documents referenced in these Requests for Admission are attached hereto as Exhibit "A." It contains some 1. old past due statements with the last 4 digits of the account referenced in their complaint, 2. a piece of paper that reads, "Your account has charged off. It is now being serviced by Recoveries department. Call 1-800-xxx-xxxx if you have questions about this notice." 3. a Capital One Customer Agreement (from 2014), 4. a Capital One monthly billing statement with a DIFFERENT account ending number (!) Obviously, Mr. Attny didn't pay close attention to what he was sending in his exhibit "A". I started answering this final admission with, "Objection. Plaintiff's Exhibit "A" does not contain "True Copy" as all the documents contained within fail to have been notarized to certify that the copy is a "true" copy of the original document. As to whether they are "correct" or not, Defendant objects. Defendant is w/o sufficient information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation. Should I go ahead and send my answers to the Plaintiff's attny, or is their Exhibit "A" weak enough that I should take another route at this point? I don't think Johnson Mark has any other evidence, no affidavits, etc. Thank you in advance for reading this long book...

Hello, I need help! I can't afford an attorney nut I have a jury trial date with capital one next month. I desperately need advice on how to win it without an attorney to represent me. I sent many request to the law firm but so far they cannot produce any contract with my signature or any documents with my signature. All they been sending were statements that date back to 2011. Can I win just based on their lack of sufficient evidence? They tried sending me entrapment letter that required my response within 20 days. I responded within timely manner but didn't get it certified. So of course they deny ever receiving my response. They went and file a motion that I accept their claim via this entrapment. Please help. I'm a single mom struggling to make ends meet, I need this to go away. Thanks a million!

Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking about...no reference numbers or anything. I did recently do requests for verification with all 3 major CBs. Anyone seen this sort of thing before??

I was just recently served for a lawsuite brought about by Cap1 via Michael J Scott. I have a few quick questions and will get all of my info on line this evening so you can see the pertinant info. I will say this site has been very helpful and has helped me get a better grasp of what i need to do. The info on here is wonderful. My first question is around the certified copy that goes to the lawfirm when you file your answer. My Answer stated i sent a certified copy on the 4/1/2013. I ran into an issue at my local post office and was not able to send the certified letter out unitl 4/2. Will this cause me any issues? Do i need to resubmit my answer with an amendment for the date it was actually sent? My 2nd question is on the type of loan i have, its a Small Business Line of Credit. I was confused if this was handled the same as CC dept and suit. I was not able to find any specific info around a Small Business Line of Credit on this board, but i did see indicators that lead me to believe it would be handled in the same as a CC suits. Can someone help and confirm this for me. Ill get the rest of my info on line tonght. Thanks again.

I opened a Capital One credit card in March 2005. I first became delinquent August 2006 and even though I paid some months here and there after that, I was never able to get out of the late 30 days or more status until they charged it off in January 2008. When I was young(er) and stupid(er) in 2007 I kept getting called at work and threatened to be sued by Global International for my outstanding balance of about $4800. So in December 2007, I sent them a payment of $1500 and they were supposed to set up payment arrangements. Instead, they disappeared. They wouldn't respond to calls and nothing was sent. (Like I said - stupid) The payment date was reported on Capital One's TL entry, but the balance did not change. Fast forward to 2012 and I began getting calls from my old friends Portfolio Recovery demanding payment of $4800 and showing last payment date of December 2007. I checked my CR in April and it showed that the Capital One account was sold to Portfolio Recovery. My Capital One account has since fallen off of my credit report. I don't see the PRA account on my credit reports that I just pulled. My questions are: It does not appear to be past the Indiana SOL of 6 years even though it no longer appears on my credit report. I can't dispute anything with CRA because it's not there anymore. Do they remove negative TL's when they are going to sue to avoid disputes? PRA sues a lot of people in Indiana... Based on the last payment date of December 2007, the 6 year SOL should apply January 2014. Is this correct? They also own a debt from HSBC which is well within SOL for $562. I'm planning on offering a settlement for PFD. How can I protect myself that if accepted, they don't try to apply payment to the Capital One debt and restart the clock? Also, with PFD, is it better to offer a lower or higher amount? Thanks for any help! You guys have been a huge help to so many people. I've already learned a lot from you. I've been able to get a few false entries removed from my CR already, but these PRA guys engage in guerilla warfare and it's time to consult with the 4-Star Generals! -ivyy

I am not a smart person in general, and when it comes to credit reports, well then, that stuff might as well be in a foreign language. I had a GM Mastercard with HSBC. After default and collection activities, the account was purchased by Cap One (like all hsbc accounts). Here is what my tradeline shows HSBC/Capital One/Speedy Muffler King. What the hell is speedy muffler king? This is the closest thing I could think of...