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Help! Received Summons. Marvin SC Dang suing for Capital One - Hawaii


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Help! I am extremely new to this, but have been reading the forums on this website and have found some insightful information. Ive never been to court before and the legal "jargen" is confusing to me. I was just served Monday 4/15/13 and according to the Complaint/Summons I am to appear in court the second Thursday following date of service. So Im guessing that is next week Thursday 4/25/13? They basically gave me a week to prepare. I came across your Q&A on another post heres my answers. In their summons there wasnt any form to submit to answer to their claims. I think in the state of Hawaii I have to appear in court instead of sending in a written denial? Im just really confused about all of this. Any help on steps to take would be greatly appreciated. I know there was one other person on here that had a similar case in Hawaii but that person hasnt posted the outcome of their case. Because this attorney's office is known as the biggest debt collector in Hawaii I wonder if I even have a chance.. 

 

 

1. Who is the named plaintiff in the suit?

 

CAPITAL ONE BANK

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 

MARVIN S.C. DANG LLC

3. How much are you being sued for?

 

$3,640.29

4. Who is the original creditor? (if not the Plaintiff)

 

THE PLANTIFF

5. How do you know you are being sued? (You were served, right?)

 

SERVED 


6. How were you served? (Mail, In person, Notice on door)

 

CAME TO MY HOUSE 

7. Was the service legal as required by your state? 

 

YES, I BELIEVE SO 

Process Service Requirements by State - Summons Complaint

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

 

I SENT MARVIN SC DANG DEBT VALIDATION LETTERS 

9. What state and county do you live in?

 

HONOLULU, HI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

 

NOV 2011

11. What is the SOL on the debt? To find out: 

 

6 YEARS 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

IT JUST STATES INITIATIONDATE: 3/13/13, CAUSE OF ACTION: ASSUMPSIT


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

YES, THE COLLECTION AGENCY (MARVIN SC DANG)  I SENT A REQUEST FOR DEBT VALIDATION. 

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.
YES
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 TO APPEAR IN COURT APRIL 25, 2013 (NEXT THURSDAY)

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

SEE THE ATTACHED FILE. EXACT COPY OF WHAT I WAS SERVED. 

17. Read this article: 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

CAP ONE M.pdf

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Assumpsit is a common law form of action which allows for the recovery of damages for the non-performance of a contract, either express or implied, written or verbal, as well as quasi contractual obligations. See 1 Am.Jur.2d Actions § 11 (1962). The original version of § 607-14 applied to all actions of assumpsit,[3] but with the adoption of modern rules of civil procedure in Hawaii it was no longer necessary to plead specific legal theories and all forms of action were merged into the "civil action." Accordingly, the statute was amended so as to provide for attorney's fees in all actions in the nature of assumpsit. 282*282 Act 88, § 5(q), 1972 Haw. Sess. Laws 325, 337.

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http://www.courts.state.hi.us/docs/court_rules/rules/hrcp.htm

At or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events.

It is signed on 01-16-13

Your last payment was Nov 2011

Do you think that was at or near the time the events they purport to describe occurred?

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You could answer with a general denial and make the plaintiff prove his case.
COMES NOW, Defendants Name and answering Plaintiffs Complaint on file herein for and on behalf of itself alone, answers Plaintiff's Complaint as follows:
Under and pursuant to the provisions of the Hawaii Code of Civil Procedure, specifically, Rule 8 ( B ) thereof, the answering defendant generally denies each and every allegation of plaintiffs complaint, and each and every part thereof and, in this connection, the defendant denies that plaintiffs have been injured or damaged in any sum, or otherwise, or at all.

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Your being sued study over the rules of civil procedure.

You will need to file an answer so you don't lose by default.

When you file your answer to the plaintiffs complaint make sure your paper work looks just like the plaintiff's page.

If you have any questions just post them up someone will respond.

read this it will help you understand the process its says midland funding but Marvin S. C. Dang is the same.

http://www.creditinfocenter.com/community/topic/313112-the-all-inclusive-ive-been-sued-or-contacted-by-midland-whats-next-andor-help-me/

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Thank you for your responses. Been trying to read up and do research. This is so overwhelming as not being so familiar with the law "jargen". I am a simple stay at home mother...ugh. 

After reading Spikey's response I almost feel like throwing in the towel.. Ive been reading the different cases on the forums but none seem to be exactly like mine. 

Heres what I didnt find out in the last couple of days....

 

- I called local court office, they did not find any court date on file for my case. Although my information popped up but no date. I asked what I should do, I was told to follow what the summons states and to show up the second Thursday after date of service so that would be April 25th. But to check back next week on the website to see if any date shows and to call them. 

 

- I read the article that Kirsty Welsh posted - July 30th, 2008

<http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff>

where debt collectors are suing using Cap1 as a plantiff. But I think since 2008 the JDB's have gotten smart.

I called Cap1 today and was advised to call this other number regarding my acct. I asked whose number that was. She told me it was the number to a local attorney who is handling the case. I knew by the number that it was Marvin SC Dang. I asked if Cap1 still owns this account and I was told "yes, Cap1 still owns this acct". 

Im confused because initially in Aug 2012 I was receiving collection letters from United Recovery Services. Then in Jan 2013 I started receiving correspondence from Marvin SC Dang law office. I thought Cap1 sold the debt to URS then URS sold to the Law office. But now I'm being told Cap1 still owns the debt. So Law office is acting as a debt collector and attorney at the same time? I don't get it.  

 

I really don't know If I am able to fight the OC on this one

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I was receiving collection letters from United Recovery Services. Then in Jan 2013 I started receiving correspondence from Marvin SC Dang law office. I thought Cap1 sold the debt to URS then URS sold to the Law office. But now I'm being told Cap1 still owns the debt. So Law office is acting as a debt collector and attorney at the same time? I don't get it.

 

Places like United send "settlement" offers with payment coupons. If you pay, they get a percentage. That's usually all they do. The account was not sold to them, nor was it sold to Marvin Dang, who represents Cap 1 as their debt collection attorney. They usually give you a chance to pay before they sue you. Cap 1 removed arbitration in 2010 along with a few other lenders. It will be hard to invoke this unless there is a survivability clause in a cardholder agreement that applied when you opened the account. Even then it's a battle, but you can try it. If you used the card after May 1 2010, that means you agreed to the new terms with no arb.

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"I really don't know If I am able to fight the OC on this one"

 

We were all scared at one time.

If Marvin Dang or Capital One owns it, you still have to show up for court.

You need to file an answer or you will lose,You can always throw in the towel but at least try and win.

 

Read on the board some people just show up and the case is dismissed, The plaintiff hopes you are scared and not show up for court so he does not have to prove his case.

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Okay so my hearing date is this week and with what time I was given, Ive been trying to read up (and rack my brain) a on the Civil Procedures for this state.  It seems in the State of Hawaii you need to show up to court to answer a Complaint (Although it states you have 20 days to answer?) But I was wondering if I should also file a written response or would that not be necessary since I have to make a court appearance anyway. 

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  • 2 weeks later...

Need help answering Interrogatories please! I appeared in court last month and stated my denial infront of the judge. My trial date is set for June 6th. I just received from the plantiffs (CAPITAL ONE) attorney's office this weekend a REQUEST FOR ADMISSIONS AND FOR ANSWERS TO INTERROGATORIES in pursuant to Rules 33 and 36(a) of the District Court Rules of Civil procedure and Rule 30 of the District Cour Rules of the State of Hawaii.

They attached statement from Aug 2011-Aug 2012. I need to respond in 10days after receipt so I have until next week Monday 5/13/13. 

Here a are list of admissions they want me to respond to. please Help? 

#1- In or around Dec 12,2002, you were issue a credit card account by Capital One Bank (USA), bearing account number XXXXXXXX (the "credit card account"). 

#2- You were provided with the credit card for the credit card acount

#3- You received the credit card(S) for the credit card account. 

#4- You used the credit card account to make purchases and/or obtain extensions of credit.

#5- You recieved periodic billing statements that showed the charges made on the credit card account.

#6- You did not dispute in writting any charges appearing on any of the billing statements mailed to you.

#7- You allowed someone else to use the credit card account to obtain goods or services or cash advances.

#8- Attached as Exhibit "1" are true and correct copies of monthly billing statements that you received with respect to the credit card account. 

#9-Plantiff is owed the sum of $3640.29 as of January 14, 2013 on the credit card account. 

#10-You received mail at (addresss - mail recd) in the year 2012

 

Please help! Im trying the best I can reading through diff forums. Any advice on how to answer and even what next steps I have to take would greatly be appreciated.  I know my case is diff being first of all in Hawaii, and OC which I read can be difficult to beat.... They actually want me to try and settle with someone from their office before court date but I really don't have the funds for this. ugh....Thanks in advance for any help.....

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  • 1 year later...

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