Cap One Lawsuit... Did everything right need help

[selfprodigy]

So here is the rather difficult situation i find myself in. In 1999 my husband opened a Capital 1 card in my name and signed the paper. He literally did everything for me pumped gas managed the bills etc... He got terminally ill in around may and passed away in June. I find out there is this debt with capital one and that 100 a month was being paid to LVNV funding with a 12 dollar fee and some interest. I callled and immediately ended all payments and asked for validation.

I sent a certified letter and received no response. Suddenly Blatt Hasenmiller picks up the account. Sends me about 3 years worth of itemized printouts... They dont start at zero or end where they should. I never used this card... These charges arent mine. I send them back DV letter certified within the 30 day period asking for the original agreement the works proof they own the debt cited case law.... No response for fifty days.

Then, they decide to sue me. They serve the papers to my sons wife at their house across town. This totally blows my mind as they have our address why would they serve his wife papers? Guy hands her the paper and basically walks away without asking who she was nothing...

At this point im not sure if this is the original creditor or not. Im not sure what aff defenses are applicable in this case. It seems like a huge conflict of interest to have a collection agency collect on your behalf and then sue as the original creditor getting all kinds of perfection under the laws afforded to them. Credit report says this was charged off in 2005.

1. Who is suing you? Capital One (I think this has been passed to LVNV then when i requested validation i heard nothing from them. Suddenly Blatt hassenmiller sent me a 30 day notice. I sent a DV letter asking for orginal documents statements)

2. For how much? 3800

3. Who is the original creditor? Capital One

4. How do you know you are being sued? They served my son papers at his address where i do not live. The paper serve walked up to his wife said "looks like you have your hands full" handed her the papers got into his car and drove away.

5. How were you served? Were you served? Served at home by process server. I wasn't actually served

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

I asked for validation they sent back a copy of a paper for 1999 with a signature on it. No contact no license that they are authorized to collect in this state etc... I requested further validation and never heard back from them until they served my sons wife my summons.

7. Where do you live? IL

8. When is the last time you paid on this account? They are stating July 2010 - However my husband talked to these people i never had any deal in place. He was terminally ill and hospitalized during this time and i was never even home i was at his bed side until he passed away later that month. Before that it looks like sept 2006 was the last payment made but the statments they sent me.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Pending

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes

12. Does your summons require a response in writing? Did you receive an interrogatory (questionnaire) regarding the lawsuit?

It says it doesnt require an answer but im going to file one anyways.

13. What evidence did they send with the summons? An affadavit by a cap one rep saying that the account was mine and that i owed 3800 with a 28 percent interest rate.

14. What is the SOL on the debt? Well IL is 5 years but if the orginal agreement was under VA law then 3 but i cant seem to get my hands on the actual agreement.

[chiquita55]

This is the way that Cap One operates. They give their bad debts to attorney/bill collector outfits and sue. Apparently they keep the signed agreements. You need to find out if the debt had your name on it at all and if your state is a community property state. If your husband is no longer here and your name is not on the card and your state is not a community property state those could be defenses. Be sure to answer the dispute within the required time for your court. Hope someone from Il comes along to help you more.

[selfprodigy]

The card is in my name. So get this they delivered the papers to my sons wife and she signed something saying she would give them to me in the next couple of days?

Is this a legal way to serve papers. I would rather not have family or friends know my business.

The problem with all this is that card is from 1999 i have no idea if the amount they say i owe is true or not. I dont understand how they can operate like this without there being a conflict of interest.

[admin]

What do your rules of civil procedure say on rules of service? In some states, a process server can leave paperwork in the household as long as the person signing it is 14 years or older.

[chiquita55]

I don't think delivering to a relative is going to save you but read the laws in your state to see how you must be served. I think you are going to have to fight this. I am going thru the same thing with Cap One and I don't think I have much of a defense. You should run a credit report and see what it says. There are some free ones online that you can print off. It will tell you the date last paid etc. Since your name is on the card you will be responsible for the debt whether you charged on it or not. You might be able to do a deal with them. You need to check with the rules for your state but in mine I filed a general denial and then listed any defense under the sun til I could find out what was going on with the debt. I may file for arbitration on this debt as I don't see much of a defense. Its hard to fight a case against an original creditor. They generally have all the statements etc.

[hopefulscambeater.]

IF it is in fact LVNV suing (Not the OC) which could be the case since they were collecting before this.... I would imagine that FDCPA has been violated in part for third party disclosure (serving you via your son's wife) and I'd bet that is only the beginning, "I" would take what you have and contact NACA attorney (should be free consult at least) and see what they can/will do for you.......this way you'll KNOW where you stand and good chance in this situation you could be represented as well (better for you) plus they could have to pay your lawyer when they lose!