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Found 6 results

  1. 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).
  2. Question: Can I call them to start the conversation and indicate that I want to settle? Understanding that all must be in writing from them before payment/etc. Texas resident. I am trying to figure out my best next steps. I have two accounts in collections from 2013/14 when I was unemployed. I let my fear and shame rule me, so I did not talk to my creditors at the time, and have since then been at a complete loss as to how to proceed. I am now determined to get ahead of these. My finances are now back to where I can make payments and can Dave Ramsey-style pay off all my credit card debt. I received a letter from a collections attorney firm last week that states a Notice of Intent to File Civil Law Suit for the $5000 debt. I called the OC and they confirmed the amount and that the debt had been charged off and the phone number for the new contact person matches the number in the letter. I see conflicting information here in the forums re: whether or not calling the CA is appropriate. I understand not making payment or trusting a deal until it's in writing. But my first priority is preventing a law suit. I do not deny the debt to the original creditor. I cannot afford an attorney to represent me in court. I would rather settle this before it gets to that stage. Can I call them to start the conversation and indicate that I want to settle?
  3. I have a two part question and request for guidance: 1. I was served today with a summons from a Collection Company, first off by a processor who was wearing a badge (stating my city pd - not their normal badge) & wearing a gun on his hip. As it did not seem right and i was not home at the time, he approached my neighbor asking if she was me - when she stated she did no know me he continued to ask and insist she was (he was at the wrong house to begin with). She called me and we both contacted the local authorities who arrived with backup - once they were there - more were requested - in all 9 cops were at my house, turns out he was carrying a pistol without authorization or permit. Can i sue for intimidation? 2. The debt he served me on does not have my SSN, it has another. The original creditor was informed that it was not my SSN when i tried to make a payment (my 3rd due) and they stated to hold off on any payments while they investigated and got back to me. They never contacted me again, instead they sent me to collections - i never received notice from the collection agency of the debt being turned over and then today i am being sued... What are my options? I have sent a request for validation to the collection agency, do i need to send to the attorney and the original creditor? I am now in the process of filing Sworn Denial & Discovery paperwork with the courts. I have also reported the man to his processing firm and the state attorney general office. Is there more i need or can do?
  4. ​ Hello, I'm being sued by Cavalry Spv and I don't know what to do. I have already missed a court date and and did received another letter that states "request for default" The lawsuit is in Massachusetts Can someone please advise me what steps should I take next. Thanks Rob
  5. I been sue by Capital one bank , I got the request for productions , i have no idea how to answer any help will be appreciate thank you . 1. All DOCUMENTS containing proof of payments not properly credited to Defendant's CAPITAL ONE BANK ( USA ) , N.A credit card account with Plaintiff which is the subject matter of this lawsuit. 2. All copies of cancelled checks , money orders or other payments made to Plaintiff made by Defendant or someone on her behalf but nor properly credited to the Defendant's CAPITAL ONE BANK ( USA ) , N.A credit card which is the subject matter of this lawsuit . 3. Any and all written communications and/or DOCUMENTS from Defendant or someone on his behalf to Plaintiff alleging to or relating to any dispute relating to or arising from any of the transactions included on monthly statements sent by Plaintiff for the subject account . 4. Any and all written communications and / or DOCUMENTS received by Defendant from Plaintiff in response to any alleged dispute relating or arising from any of the transactions included on monthly statements sent by Plaintiff for the subject CAPITAL ONE BAN ( USA )credit card 5. Five signature samples which are more than one year old , accepted examples include , but are not limited to a. A state driver's license b. A state Identification card ; and c. A voter's registration identification card 6. DOCUMENTS providing Defendant[s addresses for the past ten years 7. Copies of any and all correspondence which in any way pertain to this action and that were sent to , or received from , plaintiff 8. Copies of any and all documents signed by you and or Plaintiff pertaining to this action 9. Copies of any and all documents deemed by your to constitute a contract or agreement between the parties 10. Copies of any all documents that would support that you disputed the charges within sixty days of there appearance on your monthly statement as required by your cardholder agreement . 11. Copies of any and all documents that would support any defense , claim or contention asserted by your answer . 12. Please produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect 13. Copies of any and all correspondence which is any way pertain to this action and that were sent to , or received from Plaintiff . 14. Copies of any and all documents your assert would support a denial of any Request for Admission of fact that your deny . 15. copies of your bank records for the four years prior to this lawsuit 16. If you are disputing the amount owed , produce all DOCUMENTS to support your contention 17. If your counted that Plaintiff is not the owner of the account , produce all DOCUMENTS that support your contention . 18. Produce your current credit report 19 . Produce all documents you may rely upon as evidence in this action .
  6. Hello I'm a newbie residing in CA. I've been following various threads on this forum for about a month now and I can't begin to tell you how much hope it's given me in regard to dealing with my JDB law suit. It is comforting to have found a community of people who have dealt with similar issues and are so willing to help/share strategies with a stranger. Everything I've read says it's not going to be easy, but that it can be done with diligence and perseverance! With the help and support of this forum I believe I will succeed. And if not, at least I've learned a lot and will be more prepared if there is a next time. To @Seadragon, @calawyer, @ASTMedic, @HomelessInCalifornia, and many others, I can't thank you enough!