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Being sued Cap One / Holloway & Moxley Help!


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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?

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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

File a police report for identity theft.

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