srago Posted August 30, 2015 Report Share Posted August 30, 2015 I am being sued by my original creditor(capital one) in PA for 3200. They are using Abrahamsen & Ratchford based out of scranton. I am located in Pittsburgh. The debt is mine so there is no defense there. I am still within the SOL so no defense there either. Being that the OC is involved they most likely have all necessary paperwork to prove their case. I guess they most likely will use a rent a lawyer though the summons says Michael F. Ratchford will represent Cap1. Does that mean he has to attend the hearing? I am guessing not. At this point, I guess I am looking for advice on how I should approach this whole thing. I know there is almost no chance they won't be there so a default judgement in my favor is a very slim chance. I do intend to represent myself(if I could afford a lawyer I woulda paid my debt). Would it hurt to still challenge their standing to bring the suit? Is there anything I can do to help my case. I hear a lot about robo signed documents. What does that mean and could that apply to a case against the OC? Any help is appreciated. 1 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted August 30, 2015 Report Share Posted August 30, 2015 You already have a thread on this. Starting another one isn't going to change or improve the situation. In your defense new posters often do this when they don't like what they hear the first time around hoping that another thread will get them answers they want to hear. http://www.creditinfocenter.com/community/topic/326515-sued-by-cap-one-in-pa-in-a-month/ Quote Link to comment Share on other sites More sharing options...
srago Posted August 30, 2015 Author Report Share Posted August 30, 2015 Is there more than one person on this forum? Perhaps someone with legal experience? 1 Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted August 30, 2015 Report Share Posted August 30, 2015 Well they need a live witness if you object to any affidavits that say your account is true and correct. You should read things pertaining to PA case law. Google PA's rules of evidence, and then heresay exceptions. You can study up on your courts rules, and see what happens. At the very least you would be able to get a better settlement offer if you fight a bit. Original creditors are tough to beat, but it can be done. If you study, know when to object it will force them to bring in a live witness to testify. Not sure they would do that for that amount. The first thing you need to do is answer the suit with a general denial if your court allows those. 1 Quote Link to comment Share on other sites More sharing options...
srago Posted August 30, 2015 Author Report Share Posted August 30, 2015 That was helpful, thank you. So a general denial of my debt is the first best line of action. Quote Link to comment Share on other sites More sharing options...
srago Posted August 30, 2015 Author Report Share Posted August 30, 2015 I was told previously that they may not be able or willing to supply a witness. I guess i got some googling to do. Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted August 30, 2015 Report Share Posted August 30, 2015 General denial unless your court requires an answer for each allegation. Google PA rules of civil procedure. Then search for the part about serving and answering the complaint. Every state has different rules. I don't know what your court requires. (I would look, but I'm jumping on here on my break, Im at work) Quote Link to comment Share on other sites More sharing options...
debtzapper Posted August 31, 2015 Report Share Posted August 31, 2015 @srago I was editing as I wrote. Maybe this can help. I am going to give you several links. I know you said you couldn't afford a lawyer, but fees do vary. Read about this firm and read about the evidence needed to collect on a debt in PA. I would at least consult with this law firm and get a professional evaluation. It's free. http://pittsburgh-li...ary-objections/ Unfortunately, you are being sued most likely in Magisterial Court, where, if you appear pro se, consumer lawyers say you will almost certainly lose. Your best chance to win is in the Court of Common Pleas, where if you can file Preliminary Objections as described below, you may have a chance. You can get into the Court of Common Pleas by filing an appeal after you lose in Magisterial Court. Or you can try this approach: It sounds like you have either participated as a party or observed as a witness Magisterial District Court ("MDC") or the Court of Common Pleas ("CCP") in civil proceedings. At the MDC level the only "pleadings" are a Complaint and a Counterclaim. No Answer or other response is required, except a Notice of Intent to Defend. If you give the MDC before the Hearing a Notice to Defend.in writing, the MDC will normally reschedule the Hearing to another date giving notice to all parties. If you appear at the Hearing and Plaintiff fails to appear, the MDJ ask the MDJ to convene the Hearing, and enter judgment in you favor in the amount of ZERO and against the Plaintiff.Plaintiff then has the right for thirty (30) days to appeal to CCP which vacates the MDN judgment and to then proceed with the filing of a Complaint, you may file your PO's if the Complaint is defective, and the Case will proceed under applicable Pennsylvania Rules of Civil Procedure. The above only a intended as a nutshell of the process. Unless you are comfortable in representing yourself and your rights in the litigation before the MDC, I urge you to contact an attorney in your area to represent you.. Read this 2012 case. A defendant filed Preliminary Objections because Cap One did not include all monthly statements in its complaint. http://www.carboncourts.com/Opinions/jmatika/Capital%20One%20Bank%20(USA)%20vs.%20David%20K.%20Quinn.pdf Preliminary Objections would be done something like this DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT"1. Plaintiff's Complaint is insufficiently specific, as it fails to set forth any charges or payments made by Defendant that are alleged to comprise the balance claimed to be due. Pa.R.C.P. Rule 1028(a)(3) provides that any party to a pleading may file a preliminary objection to the pleading on the basis that the pleading is insufficiently specific. Rule 10 19(a) provides that the material facts upon which a cause of action or defense is based must be stated in a concise and summary form. Quote Link to comment Share on other sites More sharing options...
debtzapper Posted August 31, 2015 Report Share Posted August 31, 2015 You can contact North Penn Legal Aid for possible free assistance http://www.northpennlegal.org/ Quote Link to comment Share on other sites More sharing options...
srago Posted September 4, 2015 Author Report Share Posted September 4, 2015 Just an update, I found an attorney who specializes in debt suits who is willing to represent me for $400 made in 4 payments. Plus he even told me if he doesn't get the case dismissed that I only had to give him $100 to cover minor court fees. He showed me a huge list of cases he has won against OCs. I feel confident that he will at least give me the best representation I could get for such a nominal fee. 2 Quote Link to comment Share on other sites More sharing options...
srago Posted September 4, 2015 Author Report Share Posted September 4, 2015 Unfortunately, North Penn will not represent me because I don't live in a northern county. But since I found a lower cost attorney i don't need them. Though, I do thank you for all your help debtzapper. I will post on how my case turned out. Quote Link to comment Share on other sites More sharing options...
debtzapper Posted September 4, 2015 Report Share Posted September 4, 2015 @srago I'm glad you found an affordable lawyer. That is sometimes hard to do. PA is somewhat more debtor-friendly than other states, so your lawyer probably thought your chances looked good. Let everyone here know how it turns out. Quote Link to comment Share on other sites More sharing options...
srago Posted October 25, 2015 Author Report Share Posted October 25, 2015 It's been some time since I opened this thread. But here it goes.Back in August I received a summons notifying me I was being sued by Capital One for a charged off cc debt of 3200 or so dollars. Of course, as soon as I got that the solicitation from lawyers started rolling in. I first thought about defending myself. But 3200 dollars is a lot of money to mess up with. So, for a reasonable fee, I contracted a local attorney to defend me.(I'm not sure if the forum rules allow me to say his name) Well on the date of the hearing I called my lawyers office to see how it went. The judgment went in my favor. Capital One now has until November 13th to appeal. My attorney told me that less than 30% of the judgments he sees are appealed because typically sufficient evidence for the plaintiffs case is lacking. He told me that Capital One had over a month to provide their lawyers with sufficient evidence to make their case. Since they didn't, chances are such evidence either doesn't exist or is difficult to find. He also told me if they did appeal it would bring the suit into the court of common pleas where he could require them to provide a witness to testify about my account. This costs money and Cap1s lawyers know this. Since they get a small percentage of the settlement this is cost prohibitive to them. Hopefully they also see it that way and this is the last I will hear from them. 3 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 25, 2015 Report Share Posted October 25, 2015 Congratulations!! Statistics show that 70% or more of defendants who hire a lawyer to defend against these suits get a dismissal or win. A win against an original creditor is even bigger. 1 Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted October 25, 2015 Report Share Posted October 25, 2015 Congrats! Quote Link to comment Share on other sites More sharing options...
debtzapper Posted October 25, 2015 Report Share Posted October 25, 2015 @srago You did good hiring a lawyer. It can make all the difference, and it's a lot easier to let someone else do the work for you. I doubt they will appeal. You can mention the lawyer's name here, if you like. We like to hear about lawyers who win cases for defendants! Quote Link to comment Share on other sites More sharing options...
srago Posted November 2, 2015 Author Report Share Posted November 2, 2015 Okay since I'm allowed to say it, the J. Murphy group out of Pittsburgh PA won my debt lawsuit case for me. 2 Quote Link to comment Share on other sites More sharing options...
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