Jump to content

Who is suing

Recommended Posts

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 2008

Thanks for any insight as we really need it in order to attempt to develop a defense.

Link to comment
Share on other sites

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

In Alabama contact John Watts and read their blog


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 se

Having 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

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.