alabamaboy Posted March 26, 2009 Report Share Posted March 26, 2009 In Feb 09 my daughter received a collection letter from an outfit in Birmingham named Zarzaur and Schwartz P.C.. It stated that a past due amount of 3100.00, it was a notice that Captial One was the original creditor and had the required FDCPA notice. It also contained a page titled STATEMENT OF ACCOUNT addressed to my daughter. This page had Capital One Bank letter head information typed at the top but it was on a Z&S form 52 and contained the required FDCPA notice.Fast Forward to 14 March - she was served with a summons to appear in court with Capital one as the plaintiff. She is still getting calls from other collection agencies about this debt so I was wondering how to tell who is really suing? Is it really Capital One or another bottom feeder, possibly this ZarZaur and Schwartz crew?The account was supposedly written - off by capital one in Aug of 2008Thanks for any insight as we really need it in order to attempt to develop a defense. Link to comment Share on other sites More sharing options...
nascar Posted March 26, 2009 Report Share Posted March 26, 2009 I was wondering how to tell who is really suing?Who signed the complaint? Link to comment Share on other sites More sharing options...
cjtx Posted March 26, 2009 Report Share Posted March 26, 2009 Crap1 has this little scheme going on. It outsources collection to several CAs that collect and sue as if they were Crap1. They work with several national attorney network CAs who even fabricate the affidavits to support the claim pretending they are "agents" of Crap1.These attorney network CAs farm it out to other CAs, so that is why you get dunning letters from multiple CAs at the same time.The average debtor thinks they are being sued by Crap1 and allows the CA to get away with this. But if you fight and countersue, they return the account to Crap1 and Crap1 comes back to defend itself with new "real" lawyers.So to answer your question, you need to use discovery. Ask for the names of all the CAs, attorneys, etc. who have been assigned the account for collection, copies of the assignment contracts, the name of the company that hired the attorney, a copy of the contract, name, title and affiliation of any person who provides affidavits.The debt is within SOL so in the end, she is better off trying to settle it than to accrue attorney fees and costs. Link to comment Share on other sites More sharing options...
admin Posted March 26, 2009 Report Share Posted March 26, 2009 http://www.creditinfocenter.com/wordpress/2009/02/26/capital-one-admits-third-party-collector-is-handling-account-though-lawsuit-names-them-as-plaintiff/http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/ Link to comment Share on other sites More sharing options...
ALVA Posted March 26, 2009 Report Share Posted March 26, 2009 In Alabama contact John Watts and read their bloghttp://www.alabamaconsumerlawblog.com/They are the best, and they offer free consultations and basic answers via email, and they offer a ton of free information on their blog that can help you defend yourself pro seHaving received a Statement of Account makes it an account stated, in AL, rather than an open account, which has a 6 year SOL instead of 3 years. Link to comment Share on other sites More sharing options...
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