asparky

Suing Cap One, Notice of Removal

Recommended Posts

I am suing Cap One under FCRA 1681, Truth in Lending Act 15 USC 1643 and Reg Z 226.12.

Also Colorado RS 5-3-108 and 6-1-105.

The complaint...

If you would like to see the complaint please contact me or tell me how best to put it on.

They sued me, I was ready, they dismissed the day before court, without prejudice.

I contacted them through their email litigation address they sent me. Nothing, Contacted them by phone, they essentially told me they would not talk to me because of a cease and desist order. That I did not do. Thats when I decided to sue.

The Friday before my court date to find out their Answer I received a Notice of Removal in my email. I called the attorney, (very nice), and asked about the Notice of Removal and also gave background on the case, since they had just gotten it. They offered to submit to Cap One the dismiss for not being held liable for purported debt settlement.

Attorney called me back Monday to inform me of her progress, none. Called me back Tuesday to ask for a 21 day extension of time to file. They told me Cap One should have a counter offer to me through them by Wed morning but in the meantime the extension would help me in Cap Ones settlement offer towards me, since they wouldn't have to spend money to file an answer.

I am and was very skeptical.

Should I grant the extension?

Share this post


Link to post
Share on other sites

I have always granted an extension to an attorney who requested one. Nothing bad has ever come of it.

It is fairly common in the legal community to do so.

I have had a great deal of success by being overly polite to opposing counsel.

Give them some leash. If they abuse it, pull back. No response in 21 days, file without warning.

Share this post


Link to post
Share on other sites

Thanks for your post, I appreciate the calmness, Cap One has been acrimonious about this, and its hard to see them in an appeasing way. Its definitely nice to get the opinions of the posters on this site to make an informed decision either way.

Share this post


Link to post
Share on other sites
Thanks for your post, I appreciate the calmness, Cap One has been acrimonious about this, and its hard to see them in an appeasing way. Its definitely nice to get the opinions of the posters on this site to make an informed decision either way.

I believe Cap1 to be the devil, and I don't even have a relationship with them. Even so, the attorney representing Cap1 is merely following marching orders. They have needy kids, an annoying boyfriend or a sick mom.

Treat them with respect, and you will be amazed at how much smoother things go.

Like I said earlier - short leash.

You know you are in control when the attorney calls you. :)

Share this post


Link to post
Share on other sites
I am suing Cap One under FCRA 1681, Truth in Lending Act 15 USC 1643 and Reg Z 226.12.

Also Colorado RS 5-3-108 and 6-1-105.

The complaint...

If you would like to see the complaint please contact me or tell me how best to put it on.

They sued me, I was ready, they dismissed the day before court, without prejudice.

I contacted them through their email litigation address they sent me. Nothing, Contacted them by phone, they essentially told me they would not talk to me because of a cease and desist order. That I did not do. Thats when I decided to sue.

The Friday before my court date to find out their Answer I received a Notice of Removal in my email. I called the attorney, (very nice), and asked about the Notice of Removal and also gave background on the case, since they had just gotten it. They offered to submit to Cap One the dismiss for not being held liable for purported debt settlement.

Attorney called me back Monday to inform me of her progress, none. Called me back Tuesday to ask for a 21 day extension of time to file. They told me Cap One should have a counter offer to me through them by Wed morning but in the meantime the extension would help me in Cap Ones settlement offer towards me, since they wouldn't have to spend money to file an answer.

I am and was very skeptical.

Should I grant the extension?

I am very confused about what you wrote above. It sounds like they filed a lawsuit against you in the Superior Court and then dismissed it when they found out you were actually going to defend. Is this correct?

Then you filed a lawsuit against them in the Superior Court and right before the time allowed for them to file a response, they instead filed a Notice of Removal to the Federal Courts. Is this correct??

If what I have written above is correct, then the ball is your court, not theirs. They do not need any extension but might be trying to delay you from challenging the Removal to the Federal Court.

One the Notice of Removal is filed in the Federal Court, you have 30 days to object to the removal and to argue that the case should stay in the Superior Court. If they originally filed their lawsuit in the Superior Court, they would probably have a hard time convincing the judge not to remand your case back.

They like the Superior Court when they are the Plaintiff and get judges not familiar with the FDCPA and the FCRA. This works in their favor. The same is not true when they are the Defendant in the Superior Court because they may lose due to the judge not being familiar with the FDCPA and the FCRA.

Crap1 will always be Crap1 and their attorneys get their law degrees and their ethics from Crap1 Crook University no matter how nice they claim to be. They do not need an extension but are instead waiting out the time you have to ask for a remand.

Share this post


Link to post
Share on other sites

SBD

They sued me in small claims, and yes it seems pulled out because they found out through an email to their litigation dept that I was ready to defend.

After no success dealing with them over the phone after the dropped lawsuit, I filed suit in County Court, and they removed it to District court.

I have considered a remand but it seems they have the right to remove the case to District because of the Federal question and that seems is enough reason stated to be removed. I am under the assumption that it can be remanded by the judge simply because this action should be decided in the County Court, but that is their decision.

My first impression was after 2 years if they do not have an answer now, they will never have, and to be very skeptical of an extension. And of course how abrasive Cap One has been with me, but the agreeable side of me is winning out. I heed your comments about their delay tactics and will stay on my toes.

Thank You for your thought provoking input.

Edited by asparky
missed word

Share this post


Link to post
Share on other sites

Delay is there way of making you sweat, they are going to have to pay council lots of $$$ to continue, you have time to fight and your free. When it gets hairy and you feel they have a defense, switch tactics --> arbitrate the matter and really make them bleed $$$. Play the game and take your time - -> they do it every day...

Share this post


Link to post
Share on other sites

Update:

I received a counteroffer today from the lawyer, Cap One will delete the tradeline and forgive the "$6870" debt for a payment of $1470. Which is a settlement offer I sent them 2 years ago when I thought this was my wife's account. No bearing now, I think.

They have no contract writing or oral, I know for sure about the written, assuming the oral. They did admit this was opened over the internet, so no oral.

Any opinion on the counteroffer?

I am unemployed at the moment and really don't know if I have the resources to get that kind of money. It was hard just spending the money to file the lawsuit.

Edited by asparky
addition

Share this post


Link to post
Share on other sites

Cap1 does not need a signed agreement to prove a contractual relationship exists. That being said if they can't at the very least provide 12 months of statements and payments that were made I'd tell them I would not accept the deal. If they can provide those types of documents probably be wise to consider it.

Share this post


Link to post
Share on other sites

If they want extra time tell them to file a motion for continuance just like everyone else has to.

Share this post


Link to post
Share on other sites

My resolution to this matter was very much to my liking. Needless to say out of court can't talk about it. Thanks for all the input and thanks to Creditinfocenter for the knowledge.

Share this post


Link to post
Share on other sites
My resolution to this matter was very much to my liking. Needless to say out of court can't talk about it. Thanks for all the input and thanks to Creditinfocenter for the knowledge.

Capital One and their darn NDAs.:wink:

The first rule of Capital One settlements: Don't talk about Capital One settlements!:boxing: (Fight Club reference)

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.