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lfreeman8901

Need Texas help. Sued by Capital One

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Hi,

 

I was sued in 2012 by Capital One on a $1000 credit card that I had maxed out.  They charged me $700 in penalties and interest.  I responded with a MTC arbitration which the judge agreed to.  Before our court date Capital One suggested that it would be in both of our best interests to settle up without going to court.  I agreed to negotiate with them and they supposedly reset the court date but I never received any info proving this.  I then suggested that I pay a lump sum of $550 and be done with it, Capital One agreed and tried to get me to sign a settlement agreement but I never did.  (this was all done through email)  I never had the extra money to pay the $550 lump sum and things went silent between Capital One and I from 7/2013 until a few days ago, which I was sent the following email:

 

SUBJECT:  Capital One Bank, (USA), N.A. v. My name

 

I hope this email finds you well. I last heard from you in 7/2013 and you had advised you were struggling financially and could not afford to pay the agreed upon settlement sum. Please advise if you plan to send the agreed upon sum of $550.00 or if you plan to move forward with arbitrating this dispute.

 

Tricia Ward

Sr. Legal Specialist

Legal Loss Mitigation

15000 Capital One Drive, Attn: 12077-0270 Richmond, Virginia 23238

 

 

What is my next move?  Is it past the SOL and I can just reply with an email stating that it's past the SOL, leave me alone?  Or is it not that simple?  I'm trying to find the MTC arbitration papers that the court stamped but i'm not sure if I have them anymore.  It has been so long since I last talked to them I just figured they let the case drop and I completely forgot about it honestly.

 

I would greatly appreciate any advice.  I thought this was all gone and now i'm stressing out over it again, especially because I can't remember some of the details.

 

Thanks

 

EDIT:

 

I forgot to mention the most important part.  My account went delinquent in 2009 some time.  I don't know the exact date.  Does the SOL still apply since they sued me in 2012?  Or did the SOL reset since they sued me in 2012? We never got any farther than me telling them I was going to arbitrate, me sending the documents to them and getting them stamped by the court, then they backed down and said it would be in our both best interests to not take it to court and we should negotiate and then me agreeing through email but never signing anything that I would pay a $550 lump sum.  

 

I need to know if the SOL applies and if so, what to tell them so they'll back off.  If the SOL doesn't apply, I assume I should just tell them i'm going to continue to arbitrate if they want to continue?

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Like I tell everyone, It's wrong to try and settle with a JDB, PERIOD. As you see, your not getting what you want, they lie to you and they don't even try. You should have gone through arb, if you still have a chance, go that way because they will back off and drop it just before court in most cases. SOL for TX is four year/

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I forgot to mention the most important part.  My account went delinquent in 2009 some time.  I don't know the exact date.  Does the SOL still apply since they sued me in 2012?  Or did the SOL reset since they sued me in 2012? We never got any farther than me telling them I was going to arbitrate, me sending the documents to them and getting them stamped by the court, then they backed down and said it would be in our both best interests to not take it to court and we should negotiate and then me agreeing through email but never signing anything that I would pay a $550 lump sum.  

 

I need to know if the SOL applies and if so, what to tell them so they'll back off.  If the SOL doesn't apply, I assume I should just tell them i'm going to continue to arbitrate if they want to continue?

 

If i'm leaving anything out just lmk and i'll try to fill in the gaps.

 

Thanks so much for any help guys, I really appreciate it.

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The OP is dealing with a lawsuit & settlement agreement with the OC

 

 

Reread the OP's statement. He had a MTC arb, but then decided not to after the JDB talked him out of it. He needs to try and revive that and do the arb. They will not go through it for the amount owed. He was foolish to let them talk him out of it. In all my years, I've never really seen a settlement go the way a debtor wants it to. they usually lose, at least part of it if not all.

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Reread the OP's statement. He had a MTC arb, but then decided not to after the JDB talked him out of it. He needs to try and revive that and do the arb. They will not go through it for the amount owed. He was foolish to let them talk him out of it. In all my years, I've never really seen a settlement go the way a debtor wants it to. they usually lose, at least part of it if not all.

 

Most likely because you cannot read and are not good at negotiating.  I have seen PLENTY of settlements go the way the consumer wanted it to including THREE of my own.

 

ONE MORE TIME:  The OP is being sued by the ORIGINAL creditor NOT a JDB.  Capital One is a credit card issuer NOT a JDB.  You simply assume EVERY plaintiff is a JDB.

 

I forgot to mention the most important part.  My account went delinquent in 2009 some time.  I don't know the exact date.  Does the SOL still apply since they sued me in 2012?  Or did the SOL reset since they sued me in 2012? We never got any farther than me telling them I was going to arbitrate, me sending the documents to them and getting them stamped by the court, then they backed down and said it would be in our both best interests to not take it to court and we should negotiate and then me agreeing through email but never signing anything that I would pay a $550 lump sum.  

 

I need to know if the SOL applies and if so, what to tell them so they'll back off.  If the SOL doesn't apply, I assume I should just tell them i'm going to continue to arbitrate if they want to continue?

 

If i'm leaving anything out just lmk and i'll try to fill in the gaps.

 

Thanks so much for any help guys, I really appreciate it.

 

They filed timely and if the lawsuit is still pending with the court then the SOL is tolled all this time.  If the suit was dismissed at the time arb was compelled then the SOL time started running again on the day of dismissal.  It does NOT reset.  

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They filed timely and if the lawsuit is still pending with the court then the SOL is tolled all this time.  If the suit was dismissed at the time arb was compelled then the SOL time started running again on the day of dismissal.  It does NOT reset.  

 

Thanks for the reply.  

 

How do I find out if the lawsuit is still pending or if it was dismissed?  Do I need to pay a lawyer a small fee to make this all go away?  I would rather not have to go to court etc.  I don't live in the same city where I received the lawsuit therefore I would have to drive 2 hours to the court.

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How do I find out if the lawsuit is still pending or if it was dismissed?  Do I need to pay a lawyer a small fee to make this all go away?  I would rather not have to go to court etc.  I don't live in the same city where I received the lawsuit therefore I would have to drive 2 hours to the court.

 

Call the courthouse or check online (if they have an online docket) should be able to determine the case status that way.

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I found this online, although I don't see anywhere that says the status of the case.  One of you that are more familiar with this stuff see anything?  There was another page that said Type/Status- Civil, Hearing set.  I haven't received any recent letters in the mail regarding a hearing though.

 

http://12.14.175.53/CaseDetail.aspx?CaseID=3832904

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Thanks TR for the catch on that. At two a.m. I was not quite awake. I missed that it was cap 1. After running a business for over forty years clyde, I think I am very good at negotiating and have handled some very large deals. I just happen to think that for the average person on here who does not want to fight that arb is the better way for them.

 

But then, no one is as good as you. superwoman who has all the answers on all the boards and despised by your attitude. You always feel and act so superior.

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Thanks TR for the catch on that. At two a.m. I was not quite awake. I missed that it was cap 1. After running a business for over forty years clyde, I think I am very good at negotiating and have handled some very large deals. I just happen to think that for the average person on here who does not want to fight that arb is the better way for them.

 

But then, no one is as good as you. superwoman who has all the answers on all the boards and despised by your attitude. You always feel and act so superior.

 

Well said, Tom.  You and TR are indispensable here for your knowledge of TX law and procedure.  Abrasiveness and incivility are unnecessary on this board

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