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marquez305

Small Claims - Centurion Capital Corporation

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My husband was just served today in a small claims ($155) case. The Plaintiffs are Centurion Capital Corporation and Chase. I ordered all 3 of his credit reports today to see if I could figure out what this is for and there is nothing in the amount of $155 and nothing from Centurion Capital Corporation. He does have an old Chase charge off for around $800, but that is about 6 years old.

Any idea how I can find out what this is and who I am supossed to pay? It's not worth the $155 to even mess with this, it'll cost more than that if he has to miss work to go to court.

Is it typical for a company (collection agency?) to sue for such a small amount?

Thanks for any help!

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first off the CA is trying to skip the DV process by serving you first, they still have to Validate just as part of the court process.

here's the deal don't pay anything unless you know (have been told in writing) that the debt will be cleared, even if you pay you could get sued again for the balance, if this is a settlement offer, it sounds like it's a good one, almost too good.

You probably can answer the court on the date provided make sure it 's an appearance date most courts even small claims sometimes require an answer be filed before hearing the case, maybe not so where you are.

BTW where are you living and where was your husband living when he signed the application with chase, you've checked the CR's what's the timeline, when did the account become late? thats' when the SOL started ticking provided no payments were made since.

What's an SOL? Statute of Limitations

find out what the legal limit is for court action to collect in the state you live in and where your husband signed the agreement it's usually sometime between three and eight years.

first off check the SOL second call the CA, if they want to settle only accept a settlement made in writing and be sure you understand what the settlement says, if you know the SOL is up (its been 6 years and the sol is only four) write them a letter saying so, unfortunately if you's been served you can't just ignore the service , you'll lose by default , if the SOL is clearly up you'll need to prove to the court when the account went into collections and that you haven't moved around a lot

good luck and don't let this just slide by court cost's etc will be added if you don't appear,

BTW in most states(small claims court) an atty is not allowed to represent a party centurion certainly filed by mail this action hoping you won't show then they'll ask without sending a representative out for a default judgement against you, you may win just be showing up if this is their plan.

sending out a representative would cost way more than $155 if this is the case.

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First I should say that the amount is actually around $1800, we misread the clerk of court website. I found the account on his credit report...it was a Chase credit card. The $155 was the filing fee...duh!

I tried to call Chase, who sold it to Collect America. Tried to contact them...they don't have it anymore. I have no idea who Centurion Capital Corporation is (I found 2 using google, 1 in CA 1 in NY).

According to the clerk of court, the lawyer for the plaintiff is Stanley Erskine in Ft Lauderdale, FL (we are in central FL). There's about a year left before the SOL runs out. I called the # listed for the lawyer just to see who they are and on their machine it says they are a debt collector.

I would still like to settle this without going to court. I was going to call them and see if they will take less $ or do a payment plan. Is this a good idea? What should I try for? Thanks!

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If you call, they will lie. First, did they sue in the county you live in? Second, did you get a copy of all the documentation for the suit: credit card agreement, last statement, application? What did you get in the package?

Also, there is a mandatory pre trial mediation that you must attend prior to the hearing. Let me pull your case and see what they have.

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OK, I did some checking. They first began filing suits about 11 months ago. Thay are all in small claims, venue appears proper, and all cases are for amounts between $1,000 and $3,500. In nearly every case, they either get a default judgment for FTA, or the parties settle. In the last 8 months, they have filed 70 suits in Osceola County, with a total value of around $200,000 (I estimated), and 245 cases in Orange County within the last year, with a total value of around $500,000. They appear to file about 10-30 cases a week in each court.

They are a JDB, and appear to be buying paper for pennies on the dollar and filing suit on all of them. By filing suit and not dunning, they side step the FDCPA and maximize their chance of getting cash.

They are in violation of state law, by operating as a CA without a license. I would report them to the AG, if I were you. They will try, I am sure, to claim that they are a creditor, since they bought the debt, but since they are buying debts already delinquent, they are a CA. However, you will not win in this area by fighting them in small claims. The judges here in small claims do not care about the law. Your only hope is either to pay (they do not accept reduced settlements, as far as I can tell), or get some FDCPA violations and have it removed to federal.

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Yes they sued in the county we live. We live in Brevard COunty.

I don't have a copy of anything. The process server left his card on my door. When I got home I called him to see if I could be served for my husband and he said yes but he was in another town by the time I called. So we never actually got anything yet. The process server is in no hurry to get the paperwork to us, he basically said he has plenty of time as the court date isn't until May 18.

Anyway...I know the debt is his.

I tried to look at the docs on the clerk of court site but they aren't there yet.

I'm sure they'll lie...but I don't really care...they can't "scare" me. I mean they either want some money or they can go ahead and get a judgement, his credit is messed up anyway and this probably won't be the first suit.

So...the pretrial conference is a mediation? So we could actually come to an agreement at that time? Or is it something else? Thank you!

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Centurion capital corp acting as a CA is the plaintiff in my own case

I've checked the AG's list of licensed CA's in Colorado and guess what

They're not listed! I'm calling the Ag tommrrow as well as trying to get in touch with the other active defendants it seems that there are only two others both answered the summons etc ( like Me) and we three are the only current cases pending most of their cases were given PTFA default judgments, I'm betting like me all were served avoiding the debt validation process.

I'm definitely going to get the other defendant's involved as well if I can find them. I believe centurion has been using these tactics illegally for some time to collect judgement's without going through the required process.

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I have renwed faith in the Atty Generals office

I checked up on Centurion capital and they have no license in Colorado

They have also been given a C&D order by the AG's office to stop all collection activity until they have obtained a license at this point they have 125 counts against them getting a license here in colorado and further more the statutes insist that my case be dismissed the C7D order was given on november 22nd '05

also the atty's for these criminals aided and abetted centurion in filing cases after they were advised to C&D on all collections the atty's Farrel and Seldin are clearly violating the law now by ignoring the C&D..

Call your atty General's office now

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actually the AG letter stated that Centurion had filed 198 civil cases in colorado without obtaining a license tthen their atty's have proceeded to file more cases since, I smell a class action brewing.

right now I'm trying to reach as many defendants as possible even those that lost by default were sued illegally and have the right to a vacated judgement.

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