Being suit for a reported loss account

[mmonavi]

5 years ago my husband lost his job when my daughter was only 6 weeks old and I lost my job as well from the same company. Today we are suffering the consecuences. I am working on his credit.

He has been presented papers for a "Motion for telephonic appearence at pre-trial hearing" by Capital One.

1. Capital one appears as the Plaintiff.

2. In my husband credit report Capital one account shows as a "Charge off: Unpaid balance ($4208) reported as loss by credit grantor.

3. The attorneys office is a collection office as well.

4. We called the attorney to reschedule the hearing due to a class my husband has the same day of the hearing and the attorney denied insulting my husband.

Questions?

1. If Capital one has reported the account as loss how can they suit

I understand that reported as a loss means that they have reported to the IRS.

2. Can the attorney be a purchaser of the debt or an assignee? How can I find out? Then, how Capital one appears as a plaintiff?

3. Can I request a debt validation in writting in the hearing

4 And how can I report this attorney for the treatment he gave us?

I just need some orientation in how to handle this case

Thank you!

[momof5]

Both of you lost jobs 5 years ago......WHEN did you stop paying on this CC.....the max SOL in FL is 5 years, so this may be out of statute. You raise the affirmative defense and it should get dismissed.