shredded_chicken Posted August 3, 2008 Report Share Posted August 3, 2008 Hi guys,I am new here so I figured I'd make my first doozy. Thanks in advance for taking the time to read this. I am in receipt of a District Court Summons from Schiff re: a Capital One credit card. In my state the SOL is 4 years and the DOLA on this account is July 06. The original debt was less then $4700, now they are asking for $5702 plus interest and fees. I know I need to answer but I'm not sure how. I've searched but don't see the same verbiage on other complaints posted here.The complaint reads:1. On or before 1/26/07 the defendant became indebted to the plaintiff (how can this be Schiff?) in the sum of $5702 for charges and/or cash advances incurred on the defendant's charge account.2. Despite demand, the balance remains wholly unpaid and the defendant has failed and continues to fail to make payment.3. Provisions of the credit agreement between the parties may provide for interest on any unpaid balance. (they don't know?)4. Said agreement is still owned by the plaintiff. (again, how is this Schiff?)I have not found a lot of info on Schiff - he's dead but they still use his name and they subcontract lawyers for cases to be local. This account was originally with United Recovery Systems so I know Schiff must be a JDB since they came after URS (last communication from them demanded $7111.) My first communication from Schiff was 3/08 and no, I didn't ask for validation. I am a SAHM of 4 (my 18 month old is terminal). My name is on one car (with a lien) and the house. I need to handle this right because I have another Cap One out there that I'm sure they'll get eventually too. And yes, this is my debt. My business failed about 2.5 years ago and along with the business credit cards, some personal ones went too. Open to advice... Link to comment Share on other sites More sharing options...
willingtocope Posted August 3, 2008 Report Share Posted August 3, 2008 I's suggest you see if there is a www.naca.net lawyer in your area that might help. At the very least, you need to sort out who the players are. Its possible that the OC still owns the account, URS is just a CA they hired to hassle you, and Schiff is a lawyer they retained to take you to court. If that's the case, you handle it one way...on the other hand, if your credit reports shows Crap 1 with a $0 balance, and "sold to another lender", then someone did buy it. If they're suing you under Crap 1' name, that's incorrect. It would be best if you had a lawyer to sort it out... Link to comment Share on other sites More sharing options...
shredded_chicken Posted August 3, 2008 Author Report Share Posted August 3, 2008 Thanks, I plan on retaining counsel I was just trying to understand myself so I could present it coherently.My TransUnion reports:charged off as bad debtbalance $8216high balance $5870credit limit $5000past due >$8216<my other cap one:charged off as bad debtbalance $8262high balance $5920credit limit $5000past due >$8262<Experian says:charged off/past due 150$5879 written off$8216 past duerecent balance $8216high balance $8216charge offcharged off/past due 150$5934 written off$8262 past duerecent balance $8262high balance $8262charge offI can't put my hands on my Equifax right now but I'm sure it's similar.So it looks like Cap One still owns the accounts? They can report charge off/write off and still collect themselves? They hired URS and Schiff (who is not a lawyer but subs out to locals). Can settling with Cap One be an option? Do I answer first or have the lawyer do that?Thanks Link to comment Share on other sites More sharing options...
shredded_chicken Posted August 11, 2008 Author Report Share Posted August 11, 2008 bumping...I was told by a lawyer friend that I need to file a graduated denial and then ask for discovery. So I can send/file the denial and not address each point singly? Link to comment Share on other sites More sharing options...
shredded_chicken Posted May 30, 2009 Author Report Share Posted May 30, 2009 Just wanted to follow up...Filed my graduated denial. Received interrogatories and admissions. Sent them back CMRR. Then I sent them my OWN set of interrogatories and admissions...and haven't heard a peep since. It's been about 6 months and the SOL (their own VA 3 years) is up next month.So, don't roll over and die. Link to comment Share on other sites More sharing options...
mandydm318 Posted May 30, 2009 Report Share Posted May 30, 2009 The date they file the complaint has to be after the SOL runs out, if they did so before then SOL is a non-issue and they will proceed. Link to comment Share on other sites More sharing options...
shredded_chicken Posted May 30, 2009 Author Report Share Posted May 30, 2009 Yes, I know. Sorry, should have clarified - I have three accounts with Capital One that are in Schiff's grubby paws. All three have been treated like I posted above and there has been zero action on them since. No summons on the other two. My point was simply not to give up. Link to comment Share on other sites More sharing options...
newryman Posted May 30, 2009 Report Share Posted May 30, 2009 Have you made enquiries with the court as to the current status of the case? Link to comment Share on other sites More sharing options...
shredded_chicken Posted May 30, 2009 Author Report Share Posted May 30, 2009 Nope. It truly doesn't matter to me because it will be in my Chapter 13 anyway. Link to comment Share on other sites More sharing options...
fattyz Posted May 31, 2009 Report Share Posted May 31, 2009 They represent the OC in my 2 cases though I did not believe it, I finally contacted the OC and they still have the account. I would have won in court however if I had not made a couple mistakes. (it seems as though I could have won but in the end, since they actually do represent the OC, who knows? I was convinced they were a JDB.) The confusing thing is their behavior is just like a JDB and they have a really bad rap on the web so be very careful. Also, the judge I had just would not make them prove they were the OC or a JDB, he said it didn't matter, I still don't understand that.Anyway, I was told by a disinterested attorney that Schiff usually represents the OC in our area, and in my case this has turned out to be true. I'll be following your thread, good luckFattyZ Link to comment Share on other sites More sharing options...
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