Jump to content

sued by lawyer(capital one)


Recommended Posts

Hello. Today my husband got served with a "CIVIL WARRANT". Says he's being sued by Capital one, but shows it from a attorneys at law. This dedt is over 2 years old and on credit was charged off. We had tried many times to work out a payment plan but was never acceptable to capital one. Being we have four kids and income isn't that good, not alot we could work with. I did read this was fraud since it's a third party, not sure what we need to do.. if anyone can help us i would appreciate it.

I found this on the web site;

1. Call your state’s Legal Bar Association and turn in the law firm and the attorney handling the case - this is strictly against the rules (it is fraud.) Make sure you inform the lawyer on the case that this is what you are doing. It could get them to back down and dismiss the case

How to tell if Capital One (or indeed any credit card company) is NOT the real Plaintiff:

1. Look at past correspondence from the law firm. Does it say “This is communication from a debt collector” on it? If so, you can positively identify the law firm as the real Plaintiff.

2. How old is this debt? If it’s more than a year old, this is a red flag that the debt has been charged off. A phone call to the credit card company should confirm these suspicions.

(****it does say #1 and it is older then a yeard old****)

THIS WAS ATTACHED TO COURT PAPERS;

please note:you have been sued. If you would like to arrange to pay the debt,please call our law firm @ 1800-892-xxxx. This may aviod the necessity of you appearing in court or filing an answer. When calling, please reference our file number,which is found on the top of the court papers.

thank you for your cooperation.

this is an attempt to collect a consumer debt and any information obtained will be used for that purpose. This is communication is from a debt collector.

Link to comment
Share on other sites

I think some of you guys are reading way too much into this. A company like Cap1 is ALWAYS going to have an attorney representing them. A corporation cannot appear in court without an attorney. That being the case, a Complaint bearing the name of Cap1, it will always be signed by an attorney. Occasionally, the attorney might be an employee of the creditor, but generally not.

What you have to be careful about is an assignee bringing a lawsuit under the name of the original creditor.

Link to comment
Share on other sites

It should be pretty easy to distinguish if it is Cap 1 by counsel suing (yes as nascar said, a corporation must have legal representation) you or someone that purchased the debt. Look the the top of the court document

If you are being sued directly by Cap1 it will read:

Capitol One Financial Services...

Plaintiff,

v.

John Doe

Defendant

If Cap 1 is suing, their lawyer would not put his personal name in as the Plaintiff.

Link to comment
Share on other sites

Sometimes you receive dunning letters from a CA that tell you that the new owner of the account is TrakAmerica or National Attorney Network (NAN).

Those skip tracing attorney networks will hire a local attorney in your area who will file suit and name Crap1 as the plaintiff.

In that case you could see that there is something fishy about who really owns the debt and you have to use discovery to figure it out.

So far there is nothing in your post that indicates there is fault play. Although Crap1 routinely assigns debts to those and other attorney networks, you need more info to make a valid claim regarding their standing to file suit on behalf of Crap1.

As per your quote, a call to Crap1 will likely get you transfered to either NAN or TA.

There have been several lawsuits against TA for fraud in IL. I haven't checked the status lately but it makes for some interesting reading. TA was sued under one of its dbas which is Data Search NY.

Link to comment
Share on other sites

Ok, this is just flew way over my head.

To find out if cap1 owns the debt; I would just check your credit report. If there is a balance (>$1), then capital one still owns it. If the balance is 0, then they have sold it.

But if cap1 owns the debt, and NAN gets involves, and assign it to some 2-bit attorney. Are they required to file the lawsuit in their name (NAN vs john doe), (unknown 2-bit attorney vs john doe), or Cap1 name (capital one vs john doe)?

Link to comment
Share on other sites

Cap1 very seldom sells the accounts. They usually hire NAN to collect for them.

If the account chargeoff is only 2yrs old....I'm, willing to bet Cap 1 still owns this account.

Cap1 usually always sues. They usually always have their paperwork.

Cap1 is not one I would mess with.

ymmv

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • 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.