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Hello everyone! I'm a new member but have been reading ur forums for about 1 wk and let me just say WOW! I literally could not pull myself from all the threads and posts. There's a wealth of info here for the average joe or jane. I'm so fortunate to have stumbled upon this site.

My situation is pretty much like a couple of you out there: i fell on hard times (laid off). That was 4 yrs ago this April (i will forever have that date etched in my brain!). Needless to say my credit went down the drain (was 1 yr away from paying off my cc's ). I'm finally getting back on my feet and have had CA letters mailed to me which i've DV'd; a good chunck of them have gone away. My CSC report is clean; still working on Experian and TU. Last week I got served w/Cap 1 suit (w/o dunning letter) from a law firm for 3400; of course, this was also the last week i had a decent's nite rest, prob like all newbies to the legal system. Last activity on acct was Nov. 04 (yup..the SOL is closing in on the cc's). I am filing an answer on Monday. Since I did not receive any notification prior the the summons I have DV'd the atty although I read on some posts that it may or may not help but I suppose it can't hurt. I have checked out some books re lawsuits, how to file, etc since i have never been thru or have done any legal filing; i have also searched for a naca atty in my area (found only 2 in another county nearby) and was thinking of scheduling an appt w/ea one. I suspect the atty is 3rd party but how do i confirm if no dunning ltr was rec'd? Any suggestions? I would deeply appreciate any light that can be shed on my situation and any options that may be available to me. thanks a lot! U guys ROCK! P.S. My id was stolen in 02; i filed a police report, have a copy of it and reported it to the bureaus....could i use this as an affirmative defense?

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My husband was served 3/28/8 by the same OC and lawyer Lori Robertson atx. We just miss the sol (last payment made 9/04). I just sent you a message. I was hoping to share informationa as the cases sound so similar! I'm looking for a good attorney now and was wondering if you had any luck with this? I have many of same questions as you and wonder If you've found any new info? Thanks bluebonnet!

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Hello everyone! I'm a new member but have been reading ur forums for about 1 wk and let me just say WOW! I literally could not pull myself from all the threads and posts. There's a wealth of info here for the average joe or jane. I'm so fortunate to have stumbled upon this site.

My situation is pretty much like a couple of you out there: i fell on hard times (laid off). That was 4 yrs ago this April (i will forever have that date etched in my brain!). Needless to say my credit went down the drain (was 1 yr away from paying off my cc's ). I'm finally getting back on my feet and have had CA letters mailed to me which i've DV'd; a good chunck of them have gone away. My CSC report is clean; still working on Experian and TU. Last week I got served w/Cap 1 suit (w/o dunning letter) from law firm of Linebarger, Googgan, Blair & Sampson in Austin for 3249.61 (+ interest & atty fees); of course, this was also the last week i had a decent's nite rest, prob like all newbies to the legal system. Last activity on acct was Nov. 04 (yup..the SOL is closing in on the cc's). I am filing an answer on Monday. Since I did not receive any notification prior the the summons I have DV'd the atty although I read on some posts that it may or may not help but I suppose it can't hurt. I have checked out some books re lawsuits, how to file, etc since i have never been thru or have done any legal filing; i have also searched for a naca atty in my area (found only 2 in another county nearby) and was thinking of scheduling an appt w/ea one. I suspect the atty is 3rd party but how do i confirm if no dunning ltr was rec'd? Any suggestions? I would deeply appreciate any light that can be shed on my situation and any options that may be available to me. thanks a lot! U guys ROCK! P.S. My id was stolen in 02; i filed a police report, have a copy of it and reported it to the bureaus....could i use this as an affirmative defense?

Is this account the result of ID Theft or is it your account? From the way I'm reading this post, it is your account and I do not believe perjury would be a good affirmative defense. If this is your account, expect Cap1 to have excellent records and they generally do not sell off their debts while SOL is still running. If this suit is being initiated by Cap1 I do not believe they have to send you any type of dunning notice since they are an OC. Best bet would be to attempt to settle before this goes in front of a judge just make sure you show up!

If this is ID Theft, then your police report and FTC affadavit will definately help you in this case. Consult with a NACA attorney.

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While I am not an expert by any stretch, I do know for a fact that Cap One does have a condition in their terms and conditions that stipulates Virgina Law will govern.

Capital One

Laws and Regulations

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Virginia law and Federal law will govern the interpretation and enforcement of these Terms and Conditions.

http://www.capitalone.com/legal/terms.php?linkid=WWW_Z_Z_Z_GBLFO_F1_03_T_FO5

Based upon Va law the statue would be 3 years. I hope that helps!

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Is this account the result of ID Theft or is it your account? From the way I'm reading this post, it is your account and I do not believe perjury would be a good affirmative defense. If this is your account, expect Cap1 to have excellent records and they generally do not sell off their debts while SOL is still running. If this suit is being initiated by Cap1 I do not believe they have to send you any type of dunning notice since they are an OC. Best bet would be to attempt to settle before this goes in front of a judge just make sure you show up!

If this is ID Theft, then your police report and FTC affadavit will definately help you in this case. Consult with a NACA attorney.

at first i thought this was my acct but i don't have any records to indicate this is mine. all i have is the police report to indicate my information was stolen; any docs they may have will have my "signature" on it...how do i prove it's not mine other than the pd report and denial?

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While I am not an expert by any stretch, I do know for a fact that Cap One does have a condition in their terms and conditions that stipulates Virgina Law will govern.

Capital One

Laws and Regulations

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Virginia law and Federal law will govern the interpretation and enforcement of these Terms and Conditions.

http://www.capitalone.com/legal/terms.php?linkid=WWW_Z_Z_Z_GBLFO_F1_03_T_FO5

Based upon Va law the statue would be 3 years. I hope that helps!

thanks bennet...this may be my only other defense to use if my pd report is not enough.

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thanks bennet...this may be my only other defense to use if my pd report is not enough.

I'm not an attorney so don't take my word as Gospel, but I don't think VA SOL would be applicable unless you live in VA. Since you're in TX I would stick with the 4 year SOL. That probably doesn't help much but trying to be realistic.

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