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Sued by Cap One in PA in a month


srago
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Amount owed 3200

Lawyer representing CapOne Abrahamsen Ratchford of Scranton

My Location Pittsburgh PA

I recieved the summons via certified mail on Aug 28th 2015. I have not responded yet. The debt is all mine. Mainly cash advances. It was charged off December 2014. Last payment was November 2014. How should I respond? Do I have to raise my defense with my response? I thought a few sentences denying liability forcing them to go to litigation my just back them off cause I know they probably have hundreds of other hirings that day(scheduled for Oct 15th 2015). Any good advice for me?

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How should I respond? Do I have to raise my defense with my response? 

 

Some small claims courts require a formal response others don't only that you show up.  What does PA Magistrate Court require?  You absolutely should list your defenses in your answer if the court requires it otherwise they are deemed waived.  Do you have any legal defenses?  Based on your dates the SOL defense is not valid.  

 

The other major problem is you are being sued by the original creditor and they will have ALL the paperwork to prove their case.  Cap1 also removed arbitration from their card agreements 5 years ago so you cannot circumvent this by invoking arbitration to make it too expensive to pursue.

 

I thought a few sentences denying liability forcing them to go to litigation my just back them off cause I know they probably have hundreds of other hirings that day(scheduled for Oct 15th 2015). 

 

Think again.  Cap1 is VERY aggressive in suing for their defaulted debts and clearly hasn't sold it to a JDB who can't prove anything.  They WILL pursue this because despite having "hundreds of other filings" on the docket that day they know 95% of those properly served won't bother to show for court and they get the easy default judgment.  You will be in the very small minority of consumers who show for trial that day.

 

Any good advice for me?

 

Be prepared to fight and pray they don't show up.  You can't file for arbitration and original creditor lawsuits are VERY hard to win.

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I was afraid I would receive an answer like that. I am just hoping that since their law firm is located 400 miles away it would deter them from attending. If I am lucky someone in Philadelphia who owes 50 grand will also attend their hiring forcing them to commit to that instead.

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One good thing is that the firm representing cap1 has a habit of not showing up to the hirings once the consumer actually responds. I have found well over a dozen different comments online about Abrahamsen not attending hirings even in their general area. So maybe I'll get lucky and they will not show.

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I am just hoping that since their law firm is located 400 miles away it would deter them from attending. 

 

Hope springs eternal.  The reality is they probably won't personally attend.  They will farm it out to a local yokel who needs the money since all he/she will have to do is show up and document the default judgments for the supervising firm.

 

The other scenario is that they do have 100 or more cases scheduled in a few days that week and send a lawyer down for just that purpose.  They won't be sending someone just for you.  You are one of hundreds of cases they filed so it is more likely that SOME lawyer will show up to represent Cap1 even if it isn't someone from the filing firm.  

 

If I am lucky someone in Philadelphia who owes 50 grand will also attend their hiring forcing them to commit to that instead.

 

Someone who owes them 50k is NOT going to even be in the same court as you.  That would be Superior Court and held on an entirely different calendar, court, and day.  Don't hang your hat on this.

 

One good thing is that the firm representing cap1 has a habit of not showing up to the hirings once the consumer actually responds. I have found well over a dozen different comments online about Abrahamsen not attending hirings even in their general area. So maybe I'll get lucky and they will not show.

 

If you are going to do this you REALLY need to start studying on how to represent yourself.  First and foremost it is a court HEARING not hiring.  If you don't even learn basic court room terminology you are going to get steam rolled pretty quickly.  This isn't a joke.  You are being sued and you have a LOT of work to do unless you simply want to hand over your money.  Sitting around doing nothing but hoping they don't show isn't going to be the best plan.

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