CHRISF Posted May 9, 2007 Report Share Posted May 9, 2007 I am being taken to small claims by an attorney's office representing Capital One. I received an Original Notice (Action for Money Judgment) and I have filed my Deny answer to this notice.When I received the first letter from this attorney's office I immediately sent a certified letter requesting debt validation. Three weeks later when I still had not received validation I sent another certified letter stating I had not received the validation and requesting they remove any collection listing from my credit report. Now they have filed a small claim even though theY have never responded to my certified letters.This is a current debt. I made my last payment to directly to Capital One in April of this year. I had been making $50 a month payments on a $1,400.00 bill up until I received this Notice for Small Claims Court from this attorney's office. I have copies of the letters sent, the check numbers and the date the check cleared that I sent to Capital One. Now I'm being sued in small claims. Where do I go from here? I don't know what to do. I am about sick about this. Link to comment Share on other sites More sharing options...
vialna Posted May 9, 2007 Report Share Posted May 9, 2007 first of all once u have been summoned its to late to ask for validation.suit is in process.u need to respond to the summons..within the time frame allowed by your rules of civil procedure for your state.u are eveidently still in sol as u said u last paid in april direct to oc..if it were me, i would call them and ask to make payment arrangements. I would tell them that i had been doing so until i was sued in small claims..try to work something out that u can live with...otherwise they probably will get a judgement...maybe u can borrow the amount from family or friends..u dont really want a judgement...thats why i would call and try to make arrangements.hope this helps Link to comment Share on other sites More sharing options...
CHRISF Posted May 10, 2007 Author Report Share Posted May 10, 2007 I'm afraid I didn't make myself very clear - sorry. I asked for validation long before I received the summons. I have also been making payments all along directly to Capital One. Link to comment Share on other sites More sharing options...
Lecasbas Posted May 10, 2007 Report Share Posted May 10, 2007 Read this:http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266614Then go to my profile and read the threads I have posted:http://www.debt-consolidation-credit-repair-service.com/forums/search.php?do=process&showposts=0&starteronly=1&exactname=1&searchuser=LecasbasYou will probably find some of the answers to the questions you have. I am from Iowa too. I am being sued in small claims and district court by attorneys from JDB's. You can PM me if you wish. I can help you some, however, you will find your most valuable information by continuing to ask questions in this forum. Link to comment Share on other sites More sharing options...
CHRISF Posted May 14, 2007 Author Report Share Posted May 14, 2007 I have copies of all letters sent to the attorney's office in Omaha requesting Debt Validation. I also have copies of the letters I sent directly to Capital One. On the letters sent with a payment to Capital One I had a running total of the amount I owe. Capital One chased each check with the running total on it. There is a mediation meeting on June 13 with the attorney's office. I will be taking with me all the copies I have. What should I do at the meeting? What else should I bring? Link to comment Share on other sites More sharing options...
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