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Capital One is suing me


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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.)

- Bleier and Cox

3. How much are you being sued for?

- $4000

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

- Same

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

- I was served

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

- Through a member of the household that is over 18

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

- I believe so

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

- They sent a letter a few months ago, but none otherwise (I ignored it)

9. What state and county do you live in?

- San Bernardino, CA

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

- They stated September 2015

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

- 4 years

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).

- Complaint and Summons filed

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

- No

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?

- I was served yesterday. I have 30 days. By my calculations, the 30 days ends on June 22. Is that correct?

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

- Nothing at all.  I received the Complaint, Declaration of Nonmilitary Status, Certificate of Assignment, and Civil Case Cover Sheet

 

I have been doing research here and other sites. I am preparing to complete the General Denial and Bill of Particulars. Is that correct? Basically the gist of my General Denial will state that they haven't verified anything or provided proof of anything and therefore I'm requesting a dismissal, correct?

I'm also on permanent SSDI as my only source of income, so they will not be able to collect on this if a judgment is obtained, since it is protected income. Is this the time to state that or is that somehow admitting that I owe this debt?

Also, I have reason to believe , that their associates attempted to hack into my Credit Union account a couple of days ago (still waiting for word from my Credit Union, as they are seriously investigating the breach). My thought was to add verbiage regarding seeking separate restitution for their breach to my separate and private accounts. Is it going too far to throw this back on them at this stage?

I guess my hope is that they'll see me as non-collectable and give up their window to reply. I know, wishful thinking.

Thank you for any help!!

-Miranda

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Welcome.

The General Denial is a very simple form that simply denies every allegation in the complaint.  It forces Plaintiff to prove all allegations at trial.  Here is the form:  http://www.courts.ca.gov/documents/pld050.pdf   I don't see when you posted, but June 22 sounds correct for filing your general denial  (I always file a couple of days early to avoid doubt).  You might wait a few days to find out further information from your credit union to see whether you have a claim against plaintiff.  If have a good claim, I will try to recommend a lawyer who might be willing to help out.

It is also a good idea to send the BOP around the time you file the general denial.  Even though this is an original creditor, they may not send you all of the statements.

There is no real way to alert the Plaintiff now to your sole source of income.  We can try to fit that in to a letter as the case progresses.  You might also do some research to see if Cap 1 has a "hardship program".  I would not hold my breath for that one but you never know.

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26 minutes ago, calawyer said:

Welcome.

The General Denial is a very simple form that simply denies every allegation in the complaint.  It forces Plaintiff to prove all allegations at trial.  Here is the form:  http://www.courts.ca.gov/documents/pld050.pdf   I don't see when you posted, but June 22 sounds correct for filing your general denial  (I always file a couple of days early to avoid doubt).  You might wait a few days to find out further information from your credit union to see whether you have a claim against plaintiff.  If have a good claim, I will try to recommend a lawyer who might be willing to help out.

It is also a good idea to send the BOP around the time you file the general denial.  Even though this is an original creditor, they may not send you all of the statements.

There is no real way to alert the Plaintiff now to your sole source of income.  We can try to fit that in to a letter as the case progresses.  You might also do some research to see if Cap 1 has a "hardship program".  I would not hold my breath for that one but you never know.

Thank you for your response, calawyer! And thank you for the good advice!

I tried for a hardship program last year when initially defaulting and then every month along the default process and they had no interest in helping me out. I was shocked that there was no help available for someone who would like to pay. In the end, they sent me to their collection department and told me that they did not have any hardship program available for me at the time either. I eventually stopped trying.

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1 minute ago, MirandaQ said:

Thank you for your response, calawyer! And thank you for the good advice!

I tried for a hardship program last year when initially defaulting and then every month along the default process and they had no interest in helping me out. I was shocked that there was no help available for someone who would like to pay. In the end, they sent me to their collection department and told me that they did not have any hardship program available for me at the time either. I eventually stopped trying.

I have never understood this.  They would somehow prefer to spend money on collections and ultimately settle for a lesser amount than they would to agree to accept what you can pay.

 

But if you went through the hardship program, they probably already  know that your sole source of income is SSDI.

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Just now, calawyer said:
 I have never understood this.  They would somehow prefer to spend money on collections and ultimately settle for a lesser amount than they would to agree to accept what you can pay.

 

But if you went through the hardship program, they probably already  know that your sole source of income is SSDI.

I was upfront about my SSDI, even to the point of during one of my last phone calls, pleading with the agent to figure out a solution because if I did walk away from the debt they would not be able to recover since my income was SSDI. The agent was sympathetic and said it was a Capital One "business decision". Soon after that I made my own "business decision". It's very sad.

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