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Howard Lee Schiff Summons

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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...

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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...

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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 debt

balance $8216

high balance $5870

credit limit $5000

past due >$8216<

my other cap one:

charged off as bad debt

balance $8262

high balance $5920

credit limit $5000

past due >$8262<

Experian says:

charged off/past due 150

$5879 written off

$8216 past due

recent balance $8216

high balance $8216

charge off

charged off/past due 150

$5934 written off

$8262 past due

recent balance $8262

high balance $8262

charge off

I 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?


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  • 9 months later...

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. 8-)

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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 luck


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