Blu Posted April 22, 2008 Report Posted April 22, 2008 Hi everyone,Back in November I got a dunning letter from lawyers on behalf of Cap 1. I was going through some serious personal issues, I put it aside. They began calling last month, I sent them a DV letter crrr. They got it but I never heard back from them. Today I was served papers, they have filed with my local court. The only exhibit is the customer agreement, that's all. No signed contract, nothing with my signature, no statements. Even though my DV was untimely, don't they have to validate still? Also, I'm being sued in Superior court, does that make things tougher?Any advice greatly appreciated.Blu
dan12909 Posted April 22, 2008 Report Posted April 22, 2008 well if you DV them with CRRR then they have made a violation of the law and by sueing is continuation of collection activity when you asked for DV. I would definely file a response to the summons as you dont want a Default judgment. maybe some of the others can give you more information
Amerikaner83 Posted April 22, 2008 Report Posted April 22, 2008 by your post, your DV was untimely...which means they have NOT violated the law by suing you. Yes, file a reponse to the Summons (an Answer) within the time frame afforded by the Court. The good thing is now you can DV (it's called Discovery). CapitalOne rarely sells their debts, and this CA is probably just assigned by them. Cap1 is the Plaintiff, no? Cap1 does keep good records - chances are they'll be able to provide you with any piece of paper you ask for. IMHO - file an Answer to the summons and see if you can work out some sort of settlement with them.BTW - I moved this to the lawyer forum...you might be able to get better / more answers here.
TTigggers Posted April 22, 2008 Report Posted April 22, 2008 If given a chance you may want to try and settle this out of court with Cap 1.They will have records of everything you ever did with them.
Blu Posted April 22, 2008 Author Report Posted April 22, 2008 Thanks Amerikaner83. Yes, Cap 1 is the plaintiff. Do I DV them and ask them to provide me with Statements? Talk to the lawyers that are suing me on Cap One's behalf? I'm not sure how to go about this...
Blu Posted April 22, 2008 Author Report Posted April 22, 2008 I'll try. If given a chance you may want to try and settle this out of court with Cap 1.They will have records of everything you ever did with them.
Amerikaner83 Posted April 22, 2008 Report Posted April 22, 2008 you can't DV cap1, for two reasons: They're the OC, and you're in court. DVing is useless in Court. If you want statements, use Discovery to get them. Odds are 100/1 they don't have your statements. Like I said - they do keep their records in order, they can probably drag out your entire payment history if you request it thru Discovery.File your Answer, then see if you can work out a settlement with the lawyerdude.
TTigggers Posted April 22, 2008 Report Posted April 22, 2008 I'll try. Good luck I hope it goes well.
Blu Posted April 22, 2008 Author Report Posted April 22, 2008 I'll file an answer to the summons. As for working out a deal with them, well, I've no funds to do that with. I would have done it already if I had. As I see, I'm sort of screwed. Perhaps something will come along ....Thanks for the advice.
Blu Posted April 22, 2008 Author Report Posted April 22, 2008 My Dv wasn't timely.Good luck I hope it goes well.well if you DV them with CRRR then they have made a violation of the law and by sueing is continuation of collection activity when you asked for DV. I would definely file a response to the summons as you dont want a Default judgment. maybe some of the others can give you more information
TTigggers Posted April 22, 2008 Report Posted April 22, 2008 I'll file an answer to the summons. As for working out a deal with them, well, I've no funds to do that with. I would have done it already if I had. As I see, I'm sort of screwed. Perhaps something will come along ....Thanks for the advice. I would try to save up something in the meantime it usually takes a while for these things to pan out.Any payment plan you can work out would be better than having a judgement on your report.
Blu Posted April 22, 2008 Author Report Posted April 22, 2008 Well, my first court date is in August. I'm actually unemployed so no money to save. I do know you can include a judgment in a BK. They know I have no funds whatsoever, and I think, Cap 1 and their attorneys are hoping to get a default judgment. But I plan on seeing this through even if I lose.I would try to save up something in the meantime it usually takes a while for these things to pan out.Any payment plan you can work out would be better than having a judgement on your report.
Blu Posted April 22, 2008 Author Report Posted April 22, 2008 I noticed on the summons that they are claiming I made the last payment 6 months after I actually sent the last payment. Another thing, not once in the entire 3 1/2 years I have been dealing with this, have I ever recieved any proof that I owe, As soon as I sent a DV they would just pass me onto another CA. I've read in here that Cap 1 keeps good records but I've never seen anything of mine from them since this began.
merrybucks Posted April 22, 2008 Report Posted April 22, 2008 Request all the documents in Discovery. I'm sure they will provide them.
TTigggers Posted April 22, 2008 Report Posted April 22, 2008 I bet they will.Is is Cap 1 suing you or is it a CA?
Blu Posted April 23, 2008 Author Report Posted April 23, 2008 I bet they will.Is is Cap 1 suing you or is it a CA?Lawyers on behalf of Cap 1, so yeah, Cap 1 is suing me.
Blu Posted April 23, 2008 Author Report Posted April 23, 2008 Request all the documents in Discovery. I'm sure they will provide them.I'm going to do that.
betam4x Posted April 23, 2008 Report Posted April 23, 2008 As others have said, request the documents and let us know what happens. If you are considering BK, AFTER requesting the documents I'd consider using BK7 as a bargaining chip to keep them from getting a judgement against you. If they don't agree to the dismissal of the suit with a payment plan thats agreeable on your terms, file BK7.
Blu Posted April 23, 2008 Author Report Posted April 23, 2008 As others have said, request the documents and let us know what happens. If you are considering BK, AFTER requesting the documents I'd consider using BK7 as a bargaining chip to keep them from getting a judgement against you. If they don't agree to the dismissal of the suit with a payment plan thats agreeable on your terms, file BK7.I'll be filing my answer with the court next week and put in a request for the documents. I'm also beginning the process for a BK7. I don't know how this will all go ... I'll keep you guys posted.
Blu Posted April 23, 2008 Author Report Posted April 23, 2008 Thank you everyone for your advice and support!
Blu Posted April 23, 2008 Author Report Posted April 23, 2008 Question: I'm being sued in Superior Court, is there much of a difference from small claims? I don't understand why they just didn't file in small claims as it's not a large amount I'm being sued for.
Amerikaner83 Posted April 23, 2008 Report Posted April 23, 2008 superior court is more formal...lawyers are allowed, etc.
TTigggers Posted April 23, 2008 Report Posted April 23, 2008 They may also think that this will scare you.
Blu Posted April 23, 2008 Author Report Posted April 23, 2008 superior court is more formal...lawyers are allowed, etc.I see. I still don't understand why they chose that way because the amount I'm being sued for is small.
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