jkoeb Posted October 14, 2006 Report Share Posted October 14, 2006 Say that Joe shmoe has been asking for validation of debt from 5 collection agencies over a period of 3 years. Then a law firm saying they were assigned by Cap one sends a letter. Jo smoe tired of the harassment sends a do not contact me letter. The law firm files suit in small claims court for over 6K. Keep in mind that the numerous collection agencies have never validated the debt. They just passed it on to another collection agency. Joe shmoe checks his credit repor t and there is a Cap one charge off for about $1,200. What can Joe shmoe do? can he defend himself? Does the law firm file for Cap one or is the law firm actually filing suit under the collection agency. The court papers say Cap one and the law firm is assignee. Cant he law firm actually try to collect over 6K for a a $1,200 debt? Is cap one suing or is it just the collection law firm? Link to comment Share on other sites More sharing options...
divemedic Posted October 14, 2006 Report Share Posted October 14, 2006 Your post is confusing. What I will say, in answer to the title, is that if the attorney is stating they are the assignee, that means they are the owner of the debt. That would make the attorney a JDB.Since you sent the attorney a C&D, you left them with no other choice but to sue you. Link to comment Share on other sites More sharing options...
E. Normis Debtor Posted October 14, 2006 Report Share Posted October 14, 2006 Since you sent the attorney a C&D, you left them with no other choice but to sue you.They could send them a settlement offer. Link to comment Share on other sites More sharing options...
jkoeb Posted October 14, 2006 Author Report Share Posted October 14, 2006 Thank you! I guess i should be more specific. this has been passed around by about 5 debt collectors. the amount increases by 1K each time. I asked for validation and they would just pass it along to another collector without giving me validation. I should have requested validation from this JBD law firm but i just sent the a C&D. I was frustrated. I have never had a credit card over $1,000. they are saying i owe over 5K and they have statements from CAp one. They dont equal 5K. The only time they provided statement is when i had my attornery answer the lawsuite for district court. Now there is a CAp one charge off on my credit report for about $ 1,200. So they are suing for over 5K? Can they sue me for 5 k when the debt was actually $1,200? Do me/my attorney push them for how much they paid for the debt? I want ot fight them. I'm a little confused as to what to do. I want ot help my attorney as much as possible. I dont want to settle... My attorney said they offerd to settle for 1/2. I said no way. Sorry for typos...at work There are laws in place that limit the amount they can go after me correct? I have no assets and i dont own anything.. They pulled my credit report a couple of days ago. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted October 14, 2006 Report Share Posted October 14, 2006 The amount is capped after the judgement..they can charge 39% per year if they want to and if the judgement is against you then you will be responsible for it.. AFTER they get the judgement then the amount is determined by your state law.. , meaning if you now have that bill up to 6K pre judgement.. the judgement will stand against you for 6K plus whatever interest rate is allowed by your state...but make no mistake.. it will not be lowered unles Cap one does it (not likely).. also they are the ones sueing from what you seem to be saying.. the lawyer works for them.. iis what they are doing legal.. Yep.. its scummy and not right but they can tack, add or put on any fee they like.. until you go to courtyou may want to take the settlement if this is within the SOL because IF you lose then you also get the thrill of not only having a judgement for that inflated amount but you get to pay their attorney fees as well.. and guess what, they can make those up too.Also you may not have assets but I am guessing you have a job and a bank account and in PA they can garnish wages in some cases up to 25% (again this varies by state)Also they are not required to respond to your DV. and when you send a C&D make sure you have a good reason (like out of the SOL) since in many cases they will respond with a lawsuit Link to comment Share on other sites More sharing options...
jkoeb Posted October 14, 2006 Author Report Share Posted October 14, 2006 Okay, but They are an assignee...is that a JDB? Is Capital one suing me? I am not really sure. On my credit report Capital One reporting only $1,200 how can they say I owe $6K. this is the part i am not understanding. I would consider settling for the amount i actuallyowe Cap one and not a penny more. Thank you for all your help. Link to comment Share on other sites More sharing options...
Btotheizzle Posted October 14, 2006 Report Share Posted October 14, 2006 JDB = Junk Debt Buyer. Chances are they bought your debt for cheap. How it works is eventually the OC decides its not worth collecting your debt anymore and sells it for pennies on the dollar to whomever is willing to buy it. Then the JDB turns around and tries to make some sweet cash because it is a valid debt - but now they are responsible to deal with you. When the weak JDB gets the cold shoulder they normaly sell it off again to another JDB and let them give it a go - all the time adding fees as they see fit. Normaly they have terrible documentation. Use the law to your advantage. Make them prove in court everything you would need for DV. Link to comment Share on other sites More sharing options...
christian7759 Posted October 21, 2006 Report Share Posted October 21, 2006 Also you may not have assets but I am guessing you have a job and a bank account and in PA they can garnish wages in some cases up to 25% (again this varies by state)This is incorrect! In the state of Pennsylvania wages are 100% protected!Chris Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted October 22, 2006 Report Share Posted October 22, 2006 I am sorry my mistake.. I was not aware this applied for PA as well.... I know in NC SC Texas wages are protected.. however they can still go after a bank account though Link to comment Share on other sites More sharing options...
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