taylorm9 Posted April 24, 2009 Report Share Posted April 24, 2009 My neighbor is being sued. The first he ever knew about the account was when he received the summons. The Complain states: 1. I claim the defendant owes the Plaintiff the sum of $5550.21 BECAUSE: Defendant owes Plaintiff $5550.21 due on account stated between the Plaintiff and Defendant. 2. Plaintiff also claimes court costs in the sum of $290.00, plus $0.00 for interest, and $0.00 for lawyers fees.He is 67 on Soc Sec income. He has NEVER known of the account. His x-wife possibly opened it in his name but he did not know about it or EVER use it. He has lived at the same address since 1976 and no other place.He answered the complaint with a faxed note to the court. It was not in "proper" format but he did say that the account wasn't his and he knew NOTHING of the account. It said he contacted Cap one and they told him they could not talk to him about the account because it was turned over to a CA (the attorney). In the letter returned to the court and the laywer, he requested information about the application and all documentation on the account.They sent back a copy of the application with a signature that is obviously not his but at his address. It contained a copy of the statement that was 1 month behind (at a different address) and a copy of the statement that was 6 months late at even anpther address. In the letter with this they say this is the documents we have on file for our client Capitol One Bank.Then they sent a JOINT STIPULATION FOR CONSENT JUDGEMENT. This letter has the "I am a debt collector. This is an attampt..."I assume these asses wanted to trick a "country bumpkin" into a settelment. Fortunately he ignored this letter (not understanding it).Then he called to try to work something out (being convinced he had no chioce). After a heated phone conversation where he stated he had no income other than soc sec, they tried to get him to agree to payments. He told them he had nothing to pay. They sent him a letter to "confirm" the payment agreement from the phone conversation. They told him to send $100.00/ Month to the law firm.He has now started a fraud case with cap one and local law statng it is not his.Ok If I had been involved earlier I could have come here. They are trying to strong arm and old, uneducated man and trying to intimidate him.Questions:1) Is there a way from stated info are they representing Cap One or are thay a CA or can they be both?2) Isnt it strange they had his original address (on the application) and summons, but he received NO contact in between from OC or CA?3) Where do we go from here? Link to comment Share on other sites More sharing options...
jetscarbie Posted April 24, 2009 Report Share Posted April 24, 2009 Well, his x's debt would make it his responsibly also if they were married at the time of the card being issued.He's probably judgement proof..so I don't think they can do anything to him.???Cap 1 ususally doesn't sell their accounts. Link to comment Share on other sites More sharing options...
merrybucks Posted April 24, 2009 Report Share Posted April 24, 2009 They sent back a copy of the application with a signature that is obviously not his but at his address. It contained a copy of the statement that was 1 month behind (at a different address) and a copy of the statement that was 6 months late at even anpther addressFile a police report for identity theft. Link to comment Share on other sites More sharing options...
admin Posted April 24, 2009 Report Share Posted April 24, 2009 Read this: http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=294675You can absolutely win against Capital One in court. Link to comment Share on other sites More sharing options...
taylorm9 Posted April 25, 2009 Author Report Share Posted April 25, 2009 Checked at the court today...Cap 1 lawyers have filed a motion to dismiss...Found out his answer said it wassnt his debt... Did they file for dismissal based on he said it wasnt his so they knew there was no agreement on "stated Account"? Link to comment Share on other sites More sharing options...
astiman Posted April 25, 2009 Report Share Posted April 25, 2009 Dismissal with or without prejudice?This looks like a case where they probably DID an asset search on him and decided it wasnt cost effective to pursue it further. Link to comment Share on other sites More sharing options...
taylorm9 Posted April 25, 2009 Author Report Share Posted April 25, 2009 without prejudiceI think that means they can came back again.Should he DV them or should he just wait? Link to comment Share on other sites More sharing options...
merrybucks Posted April 25, 2009 Report Share Posted April 25, 2009 without prejudice/QUOTE]Have him file a police report for identity theft, that will give him an additional defense when this account pops up again. Link to comment Share on other sites More sharing options...
astiman Posted April 26, 2009 Report Share Posted April 26, 2009 agree with merrybucks..... Link to comment Share on other sites More sharing options...
taylorm9 Posted April 26, 2009 Author Report Share Posted April 26, 2009 Police report was filed several weeks ago (as soon as he got served)Should he start Debt Validation with them now or just wait. Link to comment Share on other sites More sharing options...
taylorm9 Posted April 27, 2009 Author Report Share Posted April 27, 2009 Bump Link to comment Share on other sites More sharing options...
merrybucks Posted April 27, 2009 Report Share Posted April 27, 2009 Should he start Debt Validation with them now or just wait.I don't see any reason to DV. Link to comment Share on other sites More sharing options...
taylorm9 Posted April 30, 2009 Author Report Share Posted April 30, 2009 Hmmm He got a letter in the mail from Cap One saying he owed them ~$7000.00 now... It looks like they are starting over dunning him... Any thoughts? Link to comment Share on other sites More sharing options...
merrybucks Posted May 1, 2009 Report Share Posted May 1, 2009 He got a letter in the mail from Cap One saying he owed them ~$7000.00 now...Send them a copy of the police report. Link to comment Share on other sites More sharing options...
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