JC0481

Wife and I are FREAKING OUT. Not sure what to do at this point.

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I'm really really nervous and so is my wife. I have been served recently on Monday the 8th of January. It hasn't been filed yet with the courts. The other Capital One debts has been filed and I was served with that one a while ago. I recently hired an attorney but feel like I wasted my money. He went straight for a settlement offer. He did send a Discovery request because I pushed for it. Johnson Mark LLC is the debt collector. Johnson Mark LLC sent the attorney a Capital One customer agreement, six credit card statements and two pages of Capital One Cycle Facsimile report. My attorney has told me this is enough evidence for a judge to rule in court in favor of Johnson Mark LLC. 

What's weird about all of this. Is a long time ago one of my Capital One's credit card debt went from Capital One to AllianceOne. The other debt went from Capital One to Northland Group. Both ultimately went to Johnson Mark LLC. Johnson Mark's attorneys have told my attorney that they were hired by Capital One.  I honestly believe Johnson Mark LLC is lying.My attorney has told me that Capital One still owns the debt. If Capital One still owns the debt why did I get letters from AllianceOne and the Northland Group debt collectors?

 I tried calling Capital One to find out the truth. I put my information through the automated system and after a few rings it said "Now transferring to Johnson Mark LLC". I hung up. 

My wife and I are not deadbeats. We have major life issues happen in our life and I lost my job and couldn't keep making payments to Capital One. 

Both my wife and I want to get into a house in the future and get a better qualify of life for our two sons. They will turn 2 and 5 in March this year. Right now we live in my wife's grandmother's basement to get back on our feet. This has thrown a big monkey wrench to our life plans. I'm the only one working and my wife can't work because of my youngest son's medical needs. He has numerous medical appointments. I'm thankful for Medicaid. 

Both credit card debts amount to $7,000 dollars. 

I do wonder what evidence does Johnson Mark LLC have to prove they have jurisdiction over my debts? 

I feel I am running out of options and I don't know what to do at this point. I don't make a lot of money at my current job. I make $14 an hour. It's hard to support a family on that income. 

I am in Salt Lake City, Utah by the way. Thanks for reading. 

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39 minutes ago, JC0481 said:

I'm really really nervous and so is my wife. I have been served recently on Monday the 8th of January. It hasn't been filed yet with the courts. The other Capital One debts has been filed and I was served with that one a while ago. I recently hired an attorney but feel like I wasted my money. He went straight for a settlement offer. He did send a Discovery request because I pushed for it. Johnson Mark LLC is the debt collector. Johnson Mark LLC sent the attorney a Capital One customer agreement, six credit card statements and two pages of Capital One Cycle Facsimile report. My attorney has told me this is enough evidence for a judge to rule in court in favor of Johnson Mark LLC. 

What's weird about all of this. Is a long time ago one of my Capital One's credit card debt went from Capital One to AllianceOne. The other debt went from Capital One to Northland Group. Both ultimately went to Johnson Mark LLC. Johnson Mark's attorneys have told my attorney that they were hired by Capital One.  I honestly believe Johnson Mark LLC is lying.My attorney has told me that Capital One still owns the debt. If Capital One still owns the debt why did I get letters from AllianceOne and the Northland Group debt collectors?

 I tried calling Capital One to find out the truth. I put my information through the automated system and after a few rings it said "Now transferring to Johnson Mark LLC". I hung up. 

My wife and I are not deadbeats. We have major life issues happen in our life and I lost my job and couldn't keep making payments to Capital One. 

Both my wife and I want to get into a house in the future and get a better qualify of life for our two sons. They will turn 2 and 5 in March this year. Right now we live in my wife's grandmother's basement to get back on our feet. This has thrown a big monkey wrench to our life plans. I'm the only one working and my wife can't work because of my youngest son's medical needs. He has numerous medical appointments. I'm thankful for Medicaid. 

Both credit card debts amount to $7,000 dollars. 

I do wonder what evidence does Johnson Mark LLC have to prove they have jurisdiction over my debts? 

I feel I am running out of options and I don't know what to do at this point. I don't make a lot of money at my current job. I make $14 an hour. It's hard to support a family on that income. 

I am in Salt Lake City, Utah by the way. Thanks for reading. 

Who is named as the plaintiff?   If Capital One is the plaintiff, then Johnson Mark is representing Capital One just as your attorney is representing you.   Therefore, a judgment would not be in favor of Johson Mark.  It would be in favor of Capital One.

As a result, settlement is probably your best option because original creditors have a much easier time providing the documentation necessary to prove their claims.

It would help us if you copy and and answer the question in following link.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

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1 hour ago, JC0481 said:

I recently hired an attorney but feel like I wasted my money. He went straight for a settlement offer. He did send a Discovery request because I pushed for it. Johnson Mark LLC is the debt collector. Johnson Mark LLC sent the attorney a Capital One customer agreement, six credit card statements and two pages of Capital One Cycle Facsimile report. My attorney has told me this is enough evidence for a judge to rule in court in favor of Johnson Mark LLC. 

Your attorney is actually right.  Cap1 is an original creditor.  They are VERY aggressive in pursuing accounts in litigation and then garnishing.  Settlement is the best option with a situation like this.  

1 hour ago, JC0481 said:

If Capital One still owns the debt why did I get letters from AllianceOne and the Northland Group debt collectors?

Because Cap1 sent it to collections first.  When that didn't work to get payment they sued.  

 

1 hour ago, JC0481 said:

I do wonder what evidence does Johnson Mark LLC have to prove they have jurisdiction over my debts? 

None.  They are the law firm representing Cap1.  As long as the creditor has retained them they can represent them.

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