Do credit card companies take back the debt due after it has been in collections

[debtfreeme]

I received a summons notice at my daughters home, why they sent it there is beyond me as my current address is on my credit report, on 4/27/10 and picked it up on 4/28/10. They say I have 14 days to respond.

The summons if from a lawyers office and when I checked them out online it says they specialize in collections, but on the summons it says the plaintiff is Capital One, so they are not a collection agency?

They are

Ingram Law Offices LLC

204 20th st North

Birmingham, AL 35203

Also capital one has already turned this debt over to a collection agency I have the papers from this collection agency. So why is this lawyer trying to sue me on behalf of capital one. Do credit card companies take back the debt due after they have already sent it to a collection agency?

According to my credit report the

current status: charge off

Account closed by credit grantor.

It says on the summons You are being sued in the above court (small claims court) by the plaintiffs (Capital One) shown above. The judge has not made any decision in this case, and you have the right to a trail to tell your side. However, if you or your lawyer, fail to answer this complaint within 14 days after you receive these papers a judgment can be taken against you. Once judgment has been entered against you, your paycheck can be garnished and/or your property sold to satisfy that judgment.

On the summons it also says:

Verification of the above debt, the name and address of your original creditor if different from above, will be provided to you in writing if requested. The debt will otherwise be considered valid. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.

So who is really the plaintiff, is it capital one or this law firm who it seems is a debt collector?

I do not have a court date as of yet, they want me to fill out a form and mail it to them and the court clerk.

The form they want me to sign says this.

Defendants answer the complaint. check one

I admit everything

I admit I owe but not what they say

I deny that I am responsible

then they want me to list the name and address of my employer and my work number. That I do not feel comfortable doing. Do I have to give them this information by law?

I am preparing a validation letter to send too the attorney.

I also contacted Capital one and they just referred me back to the lawyer.

Any advise would be helpful.

Edited April 29, 2010 by debtfreeme

[jkg3]

I received a summons notice at my daughters home, why they sent it there is beyond me as my current address is on my credit report, on 4/27/10 and picked it up on 4/28/10. They say I have 14 days to respond. They probably sent it there because it was the last address they had on your account?

The summons if from a lawyers office and when I checked them out online it says they specialize in collections, but on the summons it says the plaintiff is Capital One, so they are not a collection agency? It doesn't matter. They are attorneys, and they are suing you. You must respond.

They are

Ingram Law Offices LLC

204 20th st North

Birmingham, AL 35203

Also capital one has already turned this debt over to a collection agency I have the papers from this collection agency. So why is this lawyer trying to sue me on behalf of capital one. Do credit card companies take back the debt due after they have already sent it to a collection agency? Yes.

According to my credit report the

current status: charge off

Account closed by credit grantor.

This doesn't matter.

It says on the summons You are being sued in the above court (small claims court) by the plaintiffs (Capital One) shown above. The judge has not made any decision in this case, and you have the right to a trail to tell your side. However, if you or your lawyer, fail to answer this complaint within 14 days after you receive these papers a judgment can be taken against you. Once judgment has been entered against you, your paycheck can be garnished and/or your property sold to satisfy that judgment.

On the summons it also says:

Verification of the above debt, the name and address of your original creditor if different from above, will be provided to you in writing if requested. The debt will otherwise be considered valid. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose. Send a letter to the attorney. Ask for validation of the debt. Don't write anything else - just your name, address, request validation and that's it. Type your name at the bottom, but do not sign it. Include a copy of the summons with the above section highlighted or circled. Mail it to the attorney certified return receipt mail.

So who is really the plaintiff, is it capital one or this law firm who it seems is a debt collector? Capital One.

I do not have a court date as of yet, they want me to fill out a form and mail it to them and the court clerk.

The form they want me to sign says this.

Defendants answer the complaint. check one

I admit everything

I admit I owe but not what they say

CHECK THIS>>> I deny that I am responsible

then they want me to list the name and address of my employer and my work number. That I do not feel comfortable doing. Do I have to give them this information by law? No. Leave it blank.

I am preparing a validation letter to send too the attorney. See above. Do not write anything more than I suggested.

I also contacted Capital one and they just referred me back to the lawyer.Do not contact anyone else, especially Cap1.

I do owe money to capital one which I plan on paying, Great. If you tell the attorney or judge this, you will owe Cap1 an additional $1,000 plus for attorney fees and interest. Are you prepared to pay that, too? If you aren't, stop admitting to anyone that you owe Cap1 money. They will mow you down in court, and add all sorts of fees to the bill. They will then get a judgment that allows them to garnish your wages and take your bank account. I was even in a program with a debt consolidation company but had to stop for a while as my income had dropped, I work from contract to contract and am on unemployment between contracts. I am paying off a debt to the irs which Is almost paid off and then I was going to tackle my credit cards and try to settle, but I need to start putting money away to settle my debts one by one.

Any advise would be helpful. Do what I posted and wait. The attorney will probably contact you to offer a settlement. Do not talk to them on the phone. Keep it in writing.

Edited April 29, 2010 by jkg3

[WhoCares1000]

OC's take back debt either assigned to or sold to CAs/JDBs all of the time. Most of the time, the reason is either with the advice to pursue the account legally or because the person they are going after is known to take CAs/JDBs to court for violations quite a bit.

I remember reading a book about one such person where after a while, the OCs refused to send/sell the debt to the next CA/JDB in line, even after prodding by the debtor himself.

[debtfreeme]

OC's take back debt either assigned to or sold to CAs/JDBs all of the time. Most of the time, the reason is either with the advice to pursue the account legally or because the person they are going after is known to take CAs/JDBs to court for violations quite a bit.

I remember reading a book about one such person where after a while, the OCs refused to send/sell the debt to the next CA/JDB in line, even after prodding by the debtor himself.

I have never done that in my life, wouldn't want too, I prefer to spend my time with my grand-kids and doing my art. I am just a simple person with good intentions, who got a lot into debt and suffering from the recession, and am now trying to do the right thing without being taken to the cleaners. I want to do the right thing by everyone. And to work towards being debt free.

Edited April 29, 2010 by debtfreeme

[debtfreeme]

I do not have a court date as of yet, they want me to fill out a form and mail it to them and the court clerk.

The form they want me to sign says this.

Defendants answer the complaint. check one

I admit everything

I admit I owe but not what they say

CHECK THIS>>> I deny that I am responsible

Thanks for the advise. I think I will follow your advise. And on the paper it did have that option, but it says if I choose this option I need to briefly explain the reasons for my answer. Do I just not give a reason?

[jkg3]

Thanks for the advise. I think I will follow your advise. And on the paper it did have that option, but it says if I choose this option I need to briefly explain the reasons for my answer. Do I just not give a reason?

Write: Plaintiff has failed to provide sufficient documentation for me to properly respond to the summons.

[debtfreeme]

Write: Plaintiff has failed to provide sufficient documentation for me to properly respond to the summons.

Oh thank you so much for helping me with this. I will let you know how things go. I will get the validation letter and complaint response out tomorrow. I am so glad I did not send out the original validation letter I got off a website. It did not seem to fit with my case, I did have a negative feeling about it. I am glad I waited. What you are saying makes a lot more sense considering my case.

Edited April 29, 2010 by debtfreeme

[jkg3]

Oh thank you so much for helping me with this. I will let you know how things go. I will get the validation letter and complaint response out tomorrow. I am so glad I did not send out the original validation letter I got off a website. It did not seem to fit with my case, I did have a negative feeling about it. I am glad I waited. What you are saying makes a lot more sense considering my case.

The less you say, the better.

Wait for them to validate or file documents with the court. See what they have before you make another move. They will probably contact you and offer a settlement.

[Guest usctrojanalum]

The summons if from a lawyers office and when I checked them out online it says they specialize in collections, but on the summons it says the plaintiff is Capital One, so they are not a collection agency?

They are a law office that specializes in debt collection litigation.

Also capital one has already turned this debt over to a collection agency I have the papers from this collection agency. So why is this lawyer trying to sue me on behalf of capital one. Do credit card companies take back the debt due after they have already sent it to a collection agency?

You are a bit confused about how collections work. Cap1 sent the claim to the collection agency to try and collect the debt. After that failed the collection agency suggested to proceed with litigation, this is where the law office comes in.

So who is really the plaintiff, is it capital one or this law firm who it seems is a debt collector?

Capital One, maybe you should google the term "3rd party debt collector" because you seem really confused by what one is.

[debtfreeme]

The less you say, the better.

Wait for them to validate or file documents with the court. See what they have before you make another move. They will probably contact you and offer a settlement.

OK hopefully they will offer a settlement, that is what I am looking for.

[debtfreeme]

They are a law office that specializes in debt collection litigation.

You are a bit confused about how collections work. Cap1 sent the claim to the collection agency to try and collect the debt. After that failed the collection agency suggested to proceed with litigation, this is where the law office comes in.

Capital One, maybe you should google the term "3rd party debt collector" because you seem really confused by what one is.

Thank you for your information. I am very ignorant about these matters and can not afford an attorney to help me with this. It is hard to shift though info on the web as well. I am going to get as informed as I can about credit and how to get out of debt by myself.

[WhoCares1000]

I have never done that in my life, wouldn't want too, I prefer to spend my time with my grand-kids and doing my art. I am just a simple person with good intentions, who got a lot into debt and suffering from the recession, and am now trying to do the right thing without being taken to the cleaners. I want to do the right thing by everyone. And to work towards being debt free.

There are a couple of people on this board that do stuff like that but yeah, I have better things to do with my time. I was just using that as an example where the OC took the debt back and refuses to even farm it out again.

[debtfreeme]

There are a couple of people on this board that do stuff like that but yeah, I have better things to do with my time. I was just using that as an example where the OC took the debt back and refuses to even farm it out again.

Cool you seem like a sweet person. I guess you are really one who does care.

Thanks for the info

[debtfreeme]

I have one more question, do I wait to get an answer back from the lawyer on the validate letter before I send in the answer form to the court, or do I go ahead and send the answer form?

[retmar]

My first question here is if this is a true summons, not just a collection letter from this attorney. Call your county clerk and ask if the case numbers on your "summons" is on file as a properly filed claim. This will answer many questions. I'm saying this solely based on the contents of posted "summons". It isn't adding up for me. Once you find what it is, you can take the next proper step.

If a true summons, do exactly as "jkg3" advised. Admit nothing, deny everything. You want them to prove all. DO NOT give any personal information other than what must be shown in your response, such as name and address.

If not a true summons, you would respond to the attorney wanting validation, etc. No one else at this time. And, yes, you would nail them for misleading you with their false claim that a suit has been filed. This has happened to others.

[debtfreeme]

My first question here is if this is a true summons, not just a collection letter from this attorney. Call your county clerk and ask if the case numbers on your "summons" is on file as a properly filed claim. This will answer many questions. I'm saying this solely based on the contents of posted "summons". It isn't adding up for me. Once you find what it is, you can take the next proper step.

If a true summons, do exactly as "jkg3" advised. Admit nothing, deny everything. You want them to prove all. DO NOT give any personal information other than what must be shown in your response, such as name and address.

If not a true summons, you would respond to the attorney wanting validation, etc. No one else at this time. And, yes, you would nail them for misleading you with their false claim that a suit has been filed. This has happened to others.

It is a true summons. I got a notice at my daughters house to pick up the summons at the sheriffs office. I picked it up directly from the county clerk.

[retmar]

Thanks!

Then respond as jkg3 advised. Remember, only divulge what you must, and, again, admit nothing, deny everything.

Your having to go pick it up yourself causes me to shake my head in wonder. I've never heard of it being done this way before.

To add, make a copy of the answer for your files. Also, gather everything you have regarding this claim. Sit down and begin a log. You want to note any phone calls, letters, anything, that you feel may apply. Once you have done this, sit down and look through all applicable statutes to begin your defense. Your goal here, since debt is within the SOL, and judgement will most likely be awarded, is to find what may assist you in getting the amount reduced. Did they violate you? If negative info has been reported, were you properly notified of this in writing? Are all fees and interest claimed within the allowed amounts?

In short, make it hard for them to prove their claim by submitting arguments to all they do claim. Yes, it will take some time, but, for you to receive the best resolve for you, not them, is to challenge each and every item in their case.

[ambling]

It is a true summons. I got a notice at my daughters house to pick up the summons at the sheriffs office. I picked it up directly from the county clerk.

Doesn't a summons have to be served on the defendant? If I got a letter saying to go pick up my own summons I would not do it. Make them come find me and pay for the server as well.

Am I wrong or is the burden of service on the plaintiff?

[Bigwoodystyl]

You're in Alabama... I have no reservation recommending either of these guys:

http://www.alabamaconsumer.com/

http://www.debt-n-credit-letters.com/beat-collection-lawsuit.html

[debtfreeme]

OK i sent a get proof of validation letter to the attorney, and they sent me a novel to my daughters address, even though my validation request I sent them had my address on the envelope.

I sent it certified so there was no reason for them to send it to the wrong address, except to worry my family about my situation.

And I answered the summons from the court certified as well and I got a court date from the court, which is July 8th, and they sent it to my correct address not my daughters.

So today all the sudden the lawyer that is suing me is trying to contact me by phone, first time they ever left me a message. Why bother when we have a court date? What do they have to say to me they could not say before they sued me, or they do not want to say to me in court?

I am tempted to call them back, to give them a piece of my mind, but maybe I should refrain until we are in court. The fact after all this time they want to talk to me before hand, makes me think they are worried things are not going to be in their favor in court.

What should I do?

[debtfreeme]

Thanks!

Your having to go pick it up yourself causes me to shake my head in wonder. I've never heard of it being done this way before.

Well this is my first time so I did not know it was something I had to avoid, or run from, and I had to know what it was. I guess at the age of 55 that is not a bad thing.

[debtorshusband]

So today all the sudden the lawyer that is suing me is trying to contact me by phone, first time they ever left me a message. Why bother when we have a court date? What do they have to say to me they could not say before they sued me, or they do not want to say to me in court?

If you call them, here is what they will likely say: "If you'll agree to settle this by sending us a check for $xxxx you won't have to go to the trouble of going to court. If you choose to go to court it will end up being a lot more expensive for you."

It's your call if you want to actually have that conversation with them or not.

Regards,

DH

[LeafMeBee]

If you call them, here is what they will likely say: "If you'll agree to settle this by sending us a check for $xxxx you won't have to go to the trouble of going to court. If you choose to go to court it will end up being a lot more expensive for you."

It's your call if you want to actually have that conversation with them or not.

Regards,

DH

I'm curious as to how situation with debtfreeme was resolved (noting date-stamp of last post). Would also add that, if plaintiff's lawyer offers to settle or offers any agreement at all, to please obtain the offer in writing before remitting payment! And to pay with money order or bank check (or credit card) whenever possible. I know it sounds obvious, but for a newbie...

I'd experienced similar situation--plaintiff's attorney contacted me with payment agreement. All was agreed to over the phone; they took a credit card payment.

They insisted that they'd let the court know we'd made a payment agreement, and I wouldn't have to appear since we had the agreement in place. (I'd just started a new job, I'd explained, and didn't want to jeopardize it with unpaid time off.) I called the court clerk the day of the hearing to confirm that the plaintiff informed them of the payment agreement. Court clerk responded that the plaintiff said that there had been no contact or payment agreement from the defendant (me), and the default judgment (and ensuing capias) was issued.

[willingtocope]

They insisted that they'd let the court know we'd made a payment agreement, and I wouldn't have to appear since we had the agreement in place. ... I called the court clerk the day of the hearing to confirm that the plaintiff informed them of the payment agreement. Court clerk responded that the plaintiff said that there had been no contact or payment agreement from the defendant (me), and the default judgment (and ensuing capias) was issued.

SOP. They lied to you. (You can always tell when a CA is lying. Their mouth is moving). They go ahead with the judgement so that if you miss a payment, they've already got the court to smack you with.

[jasen]

They insisted that they'd let the court know we'd made a payment agreement, and I wouldn't have to appear since we had the agreement in place.

They purposely misled you so that you would not show up and they would get a default judgment in their favor. It's a popular trick by these lying bastard scumbags.

Has anyone successfully had a judgment vacated for this reason? I suppose you'd have to have this "agreement" in writing or recorded to be able to prove it.