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Being Sued By Capital one


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I'm being sued by capital one,it lists VS capital one. and the lawyer i live in Louisiana. I have 13 days to answer on the last page it says.

 

1.Please admit that the Plaintiff is the assignee of and/or originator of an account in your name.

2.Please admit that the balance remaining due to the Plaintiff is 11k

 

I don't have a court date it just says I have to answer, I'm not sure how to answer it also says  Request for admissions of facts and has attached the bill of the credit account. 

the lawyer has that listed as proof I guess but this debt was listed as charged off

Payment History

Last payment

Jun 15, 2016

Current Payment Status

In Collections/Charge-off

Account status

Closed

Type

Flexible Spending Credit Card

Responsibility

Individual

Remarks

Charged off as bad debt
Canceled by credit grantor

Times 30/60/90 days late

0/0/0

Closed

Feb 5, 2017

I want to draft an answer to deny the claim but i dont know how.  i dont have the money to settle or attempt to pay them. so i guess i will try to fight them. i dont have a bank account, car or house or job so not much they can take. 

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1. Who is the named plaintiff in the suit?

capital one
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

its a lawyer name i think they hired

3. How much are you being sued for?

11k
4. Who is the original creditor? (if not the Plaintiff)

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

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

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

Process Service Requirements by State - Summons Complaint

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

none
9. What state and county do you live in?

caddo parish Lousisana

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

Jun 15, 2016


11. When did you open the account (looking to establish what card agreement may be applicable)?
december 2015

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

3 yrs. Civ. Code §3494(4)

Statute of Limitations on Debts

13. 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).
Petition in Suit On Open Account
Requests for ADmission of Facts

1.Please admit that the Plaintiff is the assignee of and/or originator of an account in your name.

2.Please admit that the balance remaining due to the Plaintiff is 11k

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
no
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
no
16. 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?
21 days 
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

a bill showing the debt and intrest 

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@needhelp221

Thank you for the information.

Do you have any defenses at all?  For instance, is the information on credit report correct?  Do you know for a fact that you owe less than the amount for which you're being sued?

The reason I ask is because an original creditor can usually prove it's claims unless you have a valid defense or have the ability to get its evidence thrown out.

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no defenses at all 

1 minute ago, BV80 said:

@needhelp221

Thank you for the information.

Do you have any defenses at all?  For instance, is the information on credit report correct?  Do you know for a fact that you owe less than the amount for which you're being sued?

The reason I ask is because an original creditor can usually prove it's claims unless you have a valid defense or have the ability to get its evidence thrown out.

no defenses at all I just need to buy time I don't know how to draft a letter to send to court so they won't get default judgment at least, I was thinking of filing. for chapter 7. 

 

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15 minutes ago, needhelp221 said:

no defenses at all 

no defenses at all I just need to buy time I don't know how to draft a letter to send to court so they won't get default judgment at least, I was thinking of filing. for chapter 7. 

 

You don't file a "letter".

Read your court's rules of civil procedure.  In most courts, you must answer the complaint.  Your answer would look almost like the complaint you received.  It would show the court header ("in the court of", "Capital One vs. you", etc.).   Then you respond to each allegation.

Your rules would tell you the types of responses you could use.  It's usually "admit", "deny", or "Defendant has insufficient information to admit or deny and, therefore, denies".   Something like that.

Your rules will also tell you the responses you could provide to the requests for admissions.

You probably have to file a copy of your answer with the court and send a 2nd copy to the attorney for the plaintiff.

Then, if it were me, I'd call a bk attorney to see if I qualify for Chapter 7.

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2011 Louisiana Laws
Code of Civil Procedure
CCP 1468 — Requests for admissions; effect of admission

 

Universal Citation: LA Code Civ Pro 1468

Art. 1468. Requests for admissions; effect of admission

Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Article 1551 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under Articles 1466 and 1467 is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.

Acts 1976, No. 574, §1.

 

http://www.caddoclerk.com/Answer_Form.pdf

 

this is the answer form from my clerk i just need to know how to exactly word it as im completely broke, typing this on my phone as its the only net access i have. i just need to file this and make them prove everything. 

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1 minute ago, needhelp221 said:

i just need to file this and make them prove everything. 

The complaint makes specific allegations in a paragraph format. Your answer would be as follows

"As to a Paragraph 1, Defendant denies the allegations therein."

Or

"As to a Paragraph 1, Defendant is without knowledge or information to admit or deny any allegations contained therein and therefore denies same."

That's all you can do to make them prove anything. Since it's Capital One, they will have no problem proving everything. Best case here is you buy a couple months. 

If you're serious about bankruptcy, you just have to do it. They won't even flinch if you say you're going to do it. They know people that intend to do it just do it. 

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I second the advice to seek a bankruptcy lawyer. No matter what you do, you will lose in court. Considering that Louisiana is about as close to a third-world-country as we get, in terms of rights-of-the-accused, this will most likely end in summary judgment before you even see inside of the court house.

One option with Original Creditors is that they can be open to "hardship." If you are willing and able to prove that you have no money and no prospects it may buy time. Since you are going to discharge it all in bankruptcy, though, I don't think any of it matters.

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1 hour ago, needhelp221 said:

i need to buy time until next year when i have more money right now i have zero cash 

Next year as in 2018, or next year as in a year from now?  You'll probably see the start of 2018 without a judgment against you, but not much longer after that.

But here's the reality.  If you have nothing, they can take nothing.  If BK is your ultimate goal, I wouldn't sweat this lawsuit much.  File your answer and cobble together an objection to their motion for summary judgment, but just understand your fate is near certain judgment for Cap1.  For the purposes of what we're talking about here, BK is blind to pre .vs. post judgment debts so (again, assuming you have nothing of value and no source of income beyond SSI) you don't lose anything by letting them get a judgment and filing BK whenever you can scrape together $1,000 for a BK lawyer.

A pro se bankruptcy is also not out of the question.  Some people caution against it because their income may be too high or the possibility of not including everything that needs to be included, but if you're safely below the 'median' threshold (http://www.louisianabankruptcylaw.com/means-test/) and don't have a lot of personal and real property, it's pretty hard to screw up.

its also very strange the fact ive been getting letters from different credit agencies of them buying this debt

Wait, they said they "own" the debt?  Or were they just attempting to collect it?  Cap1 doesn't sell their debts but they often use 3rd party debt collectors to try to collect the debts.

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6 minutes ago, Harry Seaward said:

Next year as in 2018, or next year as in a year from now?  You'll probably see the start of 2018 without a judgment against you, but not much longer after that.

But here's the reality.  If you have nothing, they can take nothing.  If BK is your ultimate goal, I wouldn't sweat this lawsuit much.  File your answer and cobble together an objection to their motion for summary judgment, but just understand your fate is near certain judgment for Cap1.  For the purposes of what we're talking about here, BK is blind to pre .vs. post judgment debts so (again, assuming you have nothing of value and no source of income beyond SSI) you don't lose anything by letting them get a judgment and filing BK whenever you can scrape together $1,000 for a BK lawyer.

A pro se bankruptcy is also not out of the question.  Some people caution against it because their income may be too high or the possibility of not including everything that needs to be included, but if you're safely below the 'median' threshold (http://www.louisianabankruptcylaw.com/means-test/) and don't have a lot of personal and real property, it's pretty hard to screw up.

 

 

Wait, they said they "own" the debt?  Or were they just attempting to collect it?  Cap1 doesn't sell their debts but they often use 3rd party debt collectors to try to collect the debts.

1

i wanted to buy time because i have school refund money coming in and if i let them get the default judgement they may freeze my account and take all of that money, so i would like to at least buy time then either make a payment plan with them or file for bankruptcy and just go with a clean slate, i understand i messed up but you know how things go with life and spending. i literally dont have any thing of value im still a college student trying to finish my degree im on my own so i ran up the debt i regret it yes. i made the mistake and have to pay but right now i dont have that kind of money. 

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1 hour ago, needhelp221 said:

its also very strange the fact ive been getting letters from different credit agencies of them buying this debt. makes me not believe its actual capital one. but just some lawyer trying to collect. nore did they as for court fees just pay in full.

Did they actually claim that they bought the debt?  Or did they simply claim they were collecting the debt?   There's a difference.

If  Cap1 had sold the debt, then the entry on your credit report would show "sold" or "transferred".   If it doesn't show that, then Cap1 still owns it.

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39 minutes ago, needhelp221 said:

if i let them get the default judgement they may freeze my account and take all of that money, so i would like to at least buy time then either make a payment plan with them or file for bankruptcy and just go with a clean slate

Yes, you certainly want to avoid a default judgment, but a creditor-plaintiff's motion for summary judgment has nearly the same effect.  You'll probably make it until the end of January, but I would plan on them having a judgment against you by the end of February.

Not to say we won't help you defend this lawsuit.  Just being realistic so you know how to plan things for yourself.

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15 hours ago, needhelp221 said:

i wanted to buy time because i have school refund money coming in and if i let them get the default judgement they may freeze my account

Go to the disbursement office at school and have it sent to a prepaid debit card.  It would take them forever to find that and will keep the money safe.

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3 minutes ago, Clydesmom said:

Go to the disbursement office at school and have it sent to a prepaid debit card.  It would take them forever to find that and will keep the money safe.

i don't have any other bank accounts, my school has a personal bank just for money disbursement, so that's the account i opened i could just switch it to check but id still have to cash it somewhere no bank will cash that big of a check for cash. so I'm in a dilemma. I don't want to fight these people or deal with the judgment. or scrape up 1k for a bankruptcy lawyer . so i will just answer with denal until i get my money and take it out that way, i can send it to an trusted relatives account. 

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  • 1 year later...

well it has almost been 2 years now and they have filed a motion for summary judgment. I no longer live in Louisiana and the new home owners of the home i was in just informed me they tried to serve me the motion for summary judgment court papers. i currently cant travel back to Louisiana to handle this and would like to know what i should do next

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Before you file the MTD you need to file an opposition to the MSJ.  I would oppose it on the basis of a laches defense.  By waiting so long to move this case forward they have unfairly prejudiced you from defending yourself properly.  File both at the same time.

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thats whats so strange about this case as i didn't hear anything since December 2017 since i filed that answer, of denial it took them this long to answer my denial? i couldn't see the motion for summary judgment because the homeowners told the cop i didn't stay there anymore and he said he would send it back as he cannot serve me as i no longer stay at that residence let alone that state. the new home owners told me that they received old mail of mines i gave the permission to open it and it had a copy of the motion for summary judgment and even on the court papers of the judgement it states that i answered in December of 2017 how can they have so much time to run this case when it wasn't even a trial.

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