mmonavi Posted July 5, 2007 Report Share Posted July 5, 2007 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 suitI 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 hearing4 And how can I report this attorney for the treatment he gave us?I just need some orientation in how to handle this caseThank you! Link to comment Share on other sites More sharing options...
chilton1 Posted July 5, 2007 Report Share Posted July 5, 2007 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 suitI 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 hearing4 And how can I report this attorney for the treatment he gave us?I just need some orientation in how to handle this caseThank you!Yes, they can sue you even though it was written off as a loss.I can't answer most of your questions but :confused: when did your DH last paid on the account? You will need to find out the date of first major delinquency.Is this a credit card debt? FLA SOL is 4 or 5 years maybe you have SOL as a defense. Link to comment Share on other sites More sharing options...
swtguy Posted July 5, 2007 Report Share Posted July 5, 2007 First off, I would oppose a motion for telephonic hearing. If they want their money bad enough, make them appear in person.1. If Capital one has reported the account as loss how can they suitI understand that reported as a loss means that they have reported to the IRS.Charging off as a bad debt is an accounting procedure. If they were to recover anything from you, they would simply report whatever they recovered in the year that they received it.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? It sounds to me that the attorney is acting only as an attorney hired by Capital One; therefore, it would not be an assignee or owner of the debt.3. Can I request a debt validation in writting in the hearingYou can request a DV from a CA within 30 days of receipt of your first communication from the CA under the FDCPA. However, a DV would really be pointless at this stage. You can get a lot more information out of discovery than you can get out of a DV. Plus, they have to prove that you are the one who incurred or benefited from the debt.4 And how can I report this attorney for the treatment he gave us?You can make a complaint to the state bar association. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 6, 2007 Report Share Posted July 6, 2007 I'm pretty sure the SOL is 4 years on CC debt in florida, you can use the affirmative defense of "time-barred" but you should really check with an attorney. Maybe DiveMedic can shed some light and case law that you could use to prove the debt is time-barred. Link to comment Share on other sites More sharing options...
mmonavi Posted July 6, 2007 Author Report Share Posted July 6, 2007 What does DH means? Link to comment Share on other sites More sharing options...
mmonavi Posted July 6, 2007 Author Report Share Posted July 6, 2007 Thank you all for your replies.I have some questions from them. There are somethings I do not know since I am new in this.What is a DH?What does "time barred" means?What does DiveMedic is?Also the attorney that is suing is being calling my husband as a collection agency. They have not sue yet. They just mailed an order to appear at a pretrial/mediation conference. At this point what could we do?Can we request at the conference the DV or the discovery?How can I proceed with the discovery?Thank you!!!!! Link to comment Share on other sites More sharing options...
Amerikaner83 Posted July 6, 2007 Report Share Posted July 6, 2007 What is a DH?What does "time barred" means?What does DiveMedic is?DH is Dear HusbandTime Barred means they "can't legally sue"...they took too long. darn.What does Divemedic is...? ummmmm a divemedic seems to me to be a underwater medic...or a ghetto hospital employee......but Divemedic is also one of the "old hands" around here. Full of advice guidance and sarcasm Just like most old folks. Link to comment Share on other sites More sharing options...
chilton1 Posted July 6, 2007 Report Share Posted July 6, 2007 sorry for the thread jack. Congratulations amerikaner. I was wondering what happened to you.Welcome back. When is the big day? Again congrats Link to comment Share on other sites More sharing options...
mmonavi Posted July 6, 2007 Author Report Share Posted July 6, 2007 Thank you Amerikaner.I realize about Divemedic after I posted Link to comment Share on other sites More sharing options...
Amerikaner83 Posted July 6, 2007 Report Share Posted July 6, 2007 sorry for the thread jack. Congratulations amerikaner. I was wondering what happened to you.Welcome back. When is the big day? Again congratsThanks again! The big day isn't for at LEAST another year. Yeah, i'm really bored @ work now without my CIC fix. Link to comment Share on other sites More sharing options...
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