CapOne harassed my parents - can I vacate?

[ShortBus]

Hey all - Firstly, let me say thanks for the wealth of information; I've been reading almost all day.

I'll keep it short and to the point:

In late 2003 I was sued by Capital One for $5,800. I was in the process of moving from Ohio to Michigan and didn't receive the certified letter that was sent to my former apt. Prior to the lawsuit, CapOne incessantly called my parents (whom I hadn't lived with in years) and harassed the hell out of them. I'm not talking about stern legal warnings; the collector was persistently abusive--even after they told him that I didn't live there and to not call again.

I don't know if these facts are enough to vacate the judgment? I can prove that I was moving (I have a signed lease), but I can't prove the harassment. My parents could testify to it, but I don't have any documentation. And even if I could prove it, I don't know if its grounds to have their lawsuit tossed.

Any thoughts? Thanks!

[bigjohnstud4200]

In order to vacate you must do two things. Have a reason for not showing and have a defense. You can request a copy of the court records to see what happened on the service attempts. If they failed to properly serve you, that's usually enough to get your foot into the door, but you will then need a defense to the suit. Was the suit beyond the SOL, etc?

[ShortBus]

Looking at the court records, it looks like I was properly served, however the notice sent via certified mail was returned to them. I don't know if this good enough to get my foot in the door or not? I would think it was.

Is being harrassed by a creditor a defense though? I don't think it is. Wouldn't I have to sue them in a seperate action for FCRA violations? Wish I knew more about this stuff.

[bigjohnstud4200]

Looking at the court records, it looks like I was properly served, however the notice sent via certified mail was returned to them. I don't know if this good enough to get my foot in the door or not? I would think it was.

Is being harrassed by a creditor a defense though? I don't think it is. Wouldn't I have to sue them in a seperate action for FCRA violations? Wish I knew more about this stuff.

If it was returned to them, they usually need an order to "leave it at the door". if they didn't do that, your foot is likely in the door. As far as harassment, it is NOT a defense to the underlying debt. Additionally, if it was Cap1 in house collections, you have no claim against them for FDCPA violations since the FDCPA only covers 3rd party collectors, not the OC.

[ShortBus]

Thanks for the words of wisdom.

It was their in-house guys because it's never been resold or reassigned elsewhere. It's somewhat disappointing that they have carte blanc to harrass people.

How would you recommend that I proceed? I really want to get both the judgement and the related TL off my CR sometime before 2011. It's killing me. Would Cap1 agree to dismiss it if I contacted them and negotiated a settlement?

[bigjohnstud4200]

Thanks for the words of wisdom.

It was their in-house guys because it's never been resold or reassigned elsewhere. It's somewhat disappointing that they have carte blanc to harrass people.

How would you recommend that I proceed? I really want to get both the judgement and the related TL off my CR sometime before 2011. It's killing me. Would Cap1 agree to dismiss it if I contacted them and negotiated a settlement?

The attorney may be willing to vacate the judgment, but as far as Crap1's TL... they will likely NOT budge. Having it paid will give you a "paid CO" and they will stop updating monthy as a new CO.