jkbowen1021 Posted March 21, 2007 Report Share Posted March 21, 2007 I was just checking into something on a local courts website and I found that Capital One has sued me. They have filed a motion for Default Judgment. The account has not had a payment on it since 2001. The SOL in Ohio I believe is 15 years...at least that what some of the website are saying. How do I get out of this? Can I still DV the attorney that filed the suit. Since the account is so old, I bet they coulnd't come up with the original contract, even though I still have it. It came after a bankruptcy I filed and I reaffirmed the debt (Totally stupid of me) Wanted to know of any information that could be helpfule. Thanks!!! Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted March 21, 2007 Report Share Posted March 21, 2007 I was just checking into something on a local courts website and I found that Capital One has sued me. They have filed a motion for Default Judgment. The account has not had a payment on it since 2001. The SOL in Ohio I believe is 15 years...at least that what some of the website are saying. How do I get out of this? Can I still DV the attorney that filed the suit. Since the account is so old, I bet they coulnd't come up with the original contract, even though I still have it. It came after a bankruptcy I filed and I reaffirmed the debt (Totally stupid of me) Wanted to know of any information that could be helpfule. Thanks!!!Sorry to hear... My only comment is, from what I hear, CrapOne has excellent records and problably still does have all the paperwork... Link to comment Share on other sites More sharing options...
serenity06 Posted March 21, 2007 Report Share Posted March 21, 2007 I am so glad Crap One will be coming off of my credit report on 5/00. Link to comment Share on other sites More sharing options...
Big Time Posted March 21, 2007 Report Share Posted March 21, 2007 Were you properly served? If not, you could file an opposition for their summary judgement and a motion for dismissial based on improper service.Or a demurrer maybe. Link to comment Share on other sites More sharing options...
jkbowen1021 Posted March 21, 2007 Author Report Share Posted March 21, 2007 In Ohio, any type of service is acceptable. They first tried Certified, but I was unable to go and get it, so they sent it regular mail. So, unfortunetly, I did get it. The actual TL is supposed to fall off my credit in the next couple of months. I think they know that, so that is why they filed a lawsuit. I hate these people. You don't hear from them in years, at least 4-5 for me, and all of a sudden, you get sued. I NEVER got a collection letter from an attorney, never got anything that they were going to sue me. This SUCKS!!! I appreciate everyones responses. Thank you!!! Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted March 21, 2007 Report Share Posted March 21, 2007 15 years?? Wow. Do they allow garnishment in Ohio?(Glad I live in Texas.) Link to comment Share on other sites More sharing options...
bigboyinc Posted March 21, 2007 Report Share Posted March 21, 2007 Have they already been in front of a judge? if not go to the courthouse to find out when the hearing is, Go to the hearing and when the judge asks you "if there is any reason he should not enter judgment against you" tell him you have no proof the debt is yours. I have done this, it worked for me. Link to comment Share on other sites More sharing options...
momof5 Posted March 21, 2007 Report Share Posted March 21, 2007 If you look at the top of the screen, you will see a link to statute of limitations. For OH it showsOH 6 15 15 6The last column is for open-ended accounts. The CAP ONE is open-ended. IF you last paid in 2001 in a month earlier than the month they filed, the SOL would have expired. However, any other time after that leaves you liable.Crap one is known for filing lawsuits just prior to the expiration of the SOL.Check your records. If you last paid in Jan of 01 and they filed in Feb of 01, you would have the affirmative defense of the expiration of the statute of limitations. Link to comment Share on other sites More sharing options...
jkbowen1021 Posted March 21, 2007 Author Report Share Posted March 21, 2007 Thanks Everyone....but in Ohio, since there was a contract signed (reaffirmation agreement) They are going to fight that it is a contract, BUT it is still an open-account. I have read in legal sites, that ohio goes with the credit card company stating that it is a contract. And YES Ohio sucks!!!! They screw all their citizens over. I will call the court house tomorrow and see if a hearing is scheduled. BUT, I don't think they schedule hearings on default judgments. HOPEFULLY, there attorney won't show up since I did not appear or file an answer to the complaint. MAYBE luck will fall on my side. I will keep you guys updated and wish me luck!!!! Link to comment Share on other sites More sharing options...
jkbowen1021 Posted March 21, 2007 Author Report Share Posted March 21, 2007 15 years?? Wow. Do they allow garnishment in Ohio?(Glad I live in Texas.)Yes, actually the garnishment rate is Ohio is really high. And I think they can take up to 35% of your gross wages, which basically leaves you nothing. Link to comment Share on other sites More sharing options...
myscoresawful Posted March 21, 2007 Report Share Posted March 21, 2007 I was just checking into something on a local courts website and I found that Capital One has sued me. They have filed a motion for Default Judgment. The account has not had a payment on it since 2001. The SOL in Ohio I believe is 15 years...at least that what some of the website are saying. How do I get out of this? Can I still DV the attorney that filed the suit. Since the account is so old, I bet they coulnd't come up with the original contract, even though I still have it. It came after a bankruptcy I filed and I reaffirmed the debt (Totally stupid of me) Wanted to know of any information that could be helpfule. Thanks!!!When you say you reaffirmed the debt, do you mean you acknowledged that the debt was yours? Did you sign anything saying you would begin making payments on it again?In most states, you have to make a payment or sign something stating that you will start making payments on it again, enter into some sort of payment arrangements, (and then that is a foggy area, depending on your state), so it is possible that you have not tolled the SOL.I am in a fight with Crap One right now...they filed almost 4 months after the SOL expired...I told this to the judge at the first hearing and he asked the judge how old the account is and the attorney said "I don't know". I don't think Cap One's records are "that" great, at least not in my case. They have also tried to reage it to their benefit and I am at the point of counter suing them for all of their violations. Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 22, 2007 Report Share Posted March 22, 2007 Might be worth trying to get a free consult with a lawyer from one of these links.http://www.naca.net/http://www.myfaircredit.com/ Link to comment Share on other sites More sharing options...
jkbowen1021 Posted March 22, 2007 Author Report Share Posted March 22, 2007 Reaffirmation is something that is done when you file Chapter 7 bankruptcy. I had filed on them, and they sent me, what I thought, a sweet offer. They would reduce my balance to 400.00 but give me a credit limit of 450.00. I signed it thinking it was the smart thing to do. The original credit card was claimed under bankruptcy. What they did, was clear the debt from the old card, and gave me a new account with a balance of 400.00 on it already. I have a copy of the reaffirmation agreement. All it states is what they are willing to do. Nothing about making payments. Like I said, I am going to call the court tomorrow and see when the next hearing is scheduled. I am going to also ask them what the SOL is on credit card debt. I know they won't give out legal info, but I think they can help me with that. The SOL would depend. Would they go by the date the reaffirmation agreement was signed and filed in Bankruptcy court (which was in 10/00), or would they go by the date of last payment rec'd (10/02)? I will let you all know after I call the courts tomorrow and see what they say. I have contacted Legal Aid, and am still waiting for an attorney to call me back. (Using them since I qualify). I really, really do appreciate everyone willingness to help me with this. I feel like I am at my wits ends. Thanks everyone!!!! Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 22, 2007 Report Share Posted March 22, 2007 That's illegal and it's contempt of BK court. I'd see a lawyer NOW!! Link to comment Share on other sites More sharing options...
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