Sued by Capital One Bank, Texas

[TexProSe]

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.)

Michael J. Scott & Associates (Scott & Associates)

3. How much are you being sued for?

$2427.17

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

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

Served Papers

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

In Person

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

Process Service Requirements by State - Summons Complaint

Yes

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

No Previous Contact

9. What state and county do you live in?

Denton County, Texas

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

April, 2014 (Don't know exact day, but it is within statue of limitations)

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

Statute of Limitations on Debts

4 Years

12. 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).

Answer Due (Already responded, today July 18th, with a General Denial)

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

No, not that I can recall. 

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.

No.

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?

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

14 days + Monday, Answer has already been filed with a response of General Denial. I didn't find this forum until late last night, unfortunately and was out of time. 

No questionnaire was given. Plaintiff's claim is breach of contract for a Mastercard account. My suit will be attached to the post. 

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 was given other than the below on the original petition papers:

Address, with an incorrect apartment number

Last 4 digits of account number

Account Opening Date

Account Closed Date

After browsing cases on these forums it appears that fighting an OC is a lot more difficult than a JDB, but I think I'd like to try at least. I've read a lot of TexasRocker's posts but I'm not quite sure where to go from here. 

My answer has been filed with the claim of General Denial, and I've sent a copy of it stamped by the Court Clerk, mailed as First Class, Certified, Return Receipt Requested. 

What is the best route to go when fighting an OC? Should I file a motion for discovery against the Plaintiff? I don't really have any information on this account. The account is no longer showing up on my credit report either, not sure what that means. 

 

I appreciate any help that's offered, thanks in advance!!!

[CCRP626]

@TexProSe do you remember when this account may have been opened (2010 or earlier?) to see if private arbitration is an option?

[TexProSe]

@CCRP626 The account was opened in 2012. I've read a bit about people having good luck with arbitration, but I don't really understand the possible outcomes. 

 

Did CapOne stop the arbitration clause past 2010 or something? 

[BV80]

10 hours ago, TexProSe said:

@CCRP626 The account was opened in 2012. I've read a bit about people having good luck with arbitration, but I don't really understand the possible outcomes. 

 

Did CapOne stop the arbitration clause past 2010 or something? 

Cap1 removed arbitration from its cardmember agreements starting around 2010 due to a settlement agreement.  However, according to the agreement, it was allowed to reinsert arbitration 3.5 years after Jan. 1, 2010.   You can check the credit card database on the Consumer Financial Protection Bureau (CFPB) website to see if it was reinserted into the agreement that applies to your account.

Your last payment was April, 2014.   Was the account still current when you made that payment?  If not, when was the last time the account was current?  The CFPB has copies of archived credit card agreements, but you must use the agreement that applies to your account at the time the account was current.

http://www.consumerfinance.gov/credit-cards/agreements/

 

 

 

[TexProSe]

 

3 hours ago, BV80 said:

Cap1 removed arbitration from its cardmember agreements starting around 2010 due to a settlement agreement.  However, according to the agreement, it was allowed to reinsert arbitration 3.5 years after Jan. 1, 2010.   You can check the credit card database on the Consumer Financial Protection Bureau (CFPB) website to see if it was reinserted into the agreement that applies to your account.

Your last payment was April, 2014.   Was the account still current when you made that payment?  If not, when was the last time the account was current?  The CFPB has copies of archived credit card agreements, but you must use the agreement that applies to your account at the time the account was current.

http://www.consumerfinance.gov/credit-cards/agreements/

 

 

 

Yes, the account was current at that point in time. I'll look into the agreements to see about arbitration. I'm not sure what else I'm able to do fighting an OC.