snax Posted April 17, 2013 Report Share Posted April 17, 2013 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A.,2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) The Moore Law Group3. How much are you being sued for? $9794.214. Who is the original creditor? (if not the Plaintiff) Plantiff5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person at Home. I was served April 15th but it seems to indicate Mar 26th so I'm not sure how long I have to answer.7. Was the service legal as required by your state? I think so? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence at all. The last correspondence I got from Capital one was several months ago when they Charged off the debt. The first correspondence I received from Moore Law Group was when I was served the Summons.9. What state and county do you live in? CA, Napa10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 201211. What is the SOL on the debt? To find out: 4 years12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Checked out the courts website but I could only search for Traffic and Criminal cases. Nothing for Civil. I will go down the the Courthouse tomorrow to inquire.13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not.14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Also I have not.15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have "30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff." I was served on April 15th but every date on the document indicates Mar 26th. I think they sat on it for 3 weeks before serving me so I'm not sure when the court thinks I was served. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence of any kind was included or indicated in the summons. Just a list of 3 "Cause of Action" where they state that I owe them the money plus "the costs of suit". Link to comment Share on other sites More sharing options...
snax Posted April 17, 2013 Author Report Share Posted April 17, 2013 I just got served a summons by Moore Law Group on behalf of Capital One. I was surprised, I expected Capital One to at least attempt to reach a settlement with me but they made not attempt to contact me prior to serving me with a summons. I had contacted Capital One prior to them Charging Off the debt and attempted to negotiate a settlement but at that time they were not at all interested in settling the debt. I have been reading up on Moore Law Group and it appears that they are in the business of fishing for settlements by filing mass lawsuits via "robo signing" (I'm guessing it's not as cool as it sounds). However it sounds like they are not particularly enthusiastic about actually litigating cases if they can help it. I plan to contact them soon and I expect that they will offer to settle for 50%. However I expected the same thing of Capital One and here I am instead so maybe my expectations are way off. My income has fallen to about half what it was at the end of 2011 when I was making payments on the Debt. In Mid 2012 it became a choice between the CC bill and the mortgage. Currently I am barely making mortgage payments and there is no way I can come up with approx $10k to pay Cap One. By selling some possessions and borrowing from family I could probably come up with enough to pay a 35% settlement 50% would be much more difficult. I think I could fight it but I need to provide a written answer to the court soon and I don't know where to begin. Would fighting the suit hurt my chances for a reasonable settlement it would it provide me more leverage? Also it appears that I have the option for Arbitration but I'm not sure if that would help or hinder. It sounds like they don't get the option of sticking me with attorney fees in Arbitration and it also sounds like it is time consuming and costly for the Plantiff. So perhaps it would encourage them to take a reasonable settlement. As you can probably tell by now I am way out of my depth! Please help! Thank you. Link to comment Share on other sites More sharing options...
snax Posted April 17, 2013 Author Report Share Posted April 17, 2013 Oddly, not only are they suing me but they are also suing "DOES 1-10 inclusive" and in the "FACTS COMMON TO ALL CAUSES OF ACTION" list the following fact is included: "Plaintiff is unaware of the true names and capacities of those Defendants sued herein as Does 1 through 10, and therefore sues those Defendants by fictitious names." Not sure at all why there would be 10 other people in the suit. Is this normal? Link to comment Share on other sites More sharing options...
snax Posted April 17, 2013 Author Report Share Posted April 17, 2013 In case it matters the 3 "Causes of Action" are: Breach of written Contract Account Stated Money Lent Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 17, 2013 Report Share Posted April 17, 2013 I'd call them and see what their parameters are to settle. That way you can at least find out if you are close or not. Link to comment Share on other sites More sharing options...
shellieh98 Posted April 17, 2013 Report Share Posted April 17, 2013 I would call capitol one first. If they say they can't settle the account, find out why. Some attorneys are collection agencies as well, they may have sold your account and they list the plaintiff as capitol one, but it is really the law firm. Would help give you a leg up if you knew for sure if it is the original creditor or a JDC suing you. Link to comment Share on other sites More sharing options...
shellieh98 Posted April 17, 2013 Report Share Posted April 17, 2013 i do believe they are JDB's also. This is on their website. Purchase and Sales of Business/Business Assets The Moore Law Group collects the following types of debt in the state of California: Credit Cards Private label Accounts Student Loans Commercial Accounts Installment Loans Automobile Replevins Automobile Deficiencies Promissory Notes Signature Loans Oral Contracts Written Contracts Purchased / Assigned Debt Accounts Receivable Link to comment Share on other sites More sharing options...
cjb3 Posted April 17, 2013 Report Share Posted April 17, 2013 I would call capitol one first. If they say they can't settle the account, find out why. Some attorneys are collection agencies as well, they may have sold your account and they list the plaintiff as capitol one, but it is really the law firm. Would help give you a leg up if you knew for sure if it is the original creditor or a JDC suing you.+1 Check your credit reports too. If the CAP 1 TL shows a balance, they still own it. If it shows a zero balance, there is usually a note saying sold or transferred. Link to comment Share on other sites More sharing options...
snax Posted April 18, 2013 Author Report Share Posted April 18, 2013 I will call Cap One tomorrow to see what I can find out. I checked my credit report and the account still has the full balance, in fact it seems to have taken on additional fees. The payment status is still "Charge-off". I think the plaintiff is the OC... Looks like tonight is going to be spent on this forum getting a handle on my answer. It's really fascinating, I just wish I could be learning about this process under less presure. Thank you all for your help, and for creating this resource! Link to comment Share on other sites More sharing options...
snax Posted April 18, 2013 Author Report Share Posted April 18, 2013 Most of the answers I see on here only pertain to JDBs. When the Plaintiff is the OC things like: they don't own the debt, or that they don't have a contract don't really make sense. Is there a good resource for information about answers in CA when the Plaintiff is the OC? Link to comment Share on other sites More sharing options...
OopsIGoofed Posted May 7, 2013 Report Share Posted May 7, 2013 How are things going for you? I'm pretty much in the same exact boat as you. Link to comment Share on other sites More sharing options...
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