BBeauty32

HELP! I’m being sued by capital one in arkansas

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I’ve been reading several posts regarding collections from Capital One Bank. And my story is no different. I’m needing advice on what I could do next. 

First, I was NEVER served my summons by an officer of the courts, I was mailed a few attorney advertisements and attached were the summons. Immediately I got scared, and researched how to file my answer, which I did, as of November 15th. I have no legal representation so I’m defending myself “pro se”. Before this summons came about I was taking steps in repairing my credit, and I sent my first rounds of letters to all three bureaus. Since then, I had the summons in the mail, and I filed the answer, I’ve finally heard back from one of the bureaus which states that Capital One has charged my account off, and it’s states, “Account closed by Credit Grantor Account previously in dispute- Now resolves by data furnished” what I’m assuming now is that my account possibly is no longer owned by Capital One, which means that I might be able to file a Motion To Dismiss because the Party has no legal standing to being this case forward. Will that be accurate? My next thought was that I should request a chain of assignment to see if Capital One Bank does in fact still own this debt. 

Which is the best option moving forward. There is still no set court date, although I do believe it’s approaching, I found that the plaintiffs attorney had paid the case fee of 165.00 to the courts, so a hearing is coming shortly. I need to get ahead of this and work on proper defense. 

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27 minutes ago, BBeauty32 said:

I’ve been reading several posts regarding collections from Capital One Bank. And my story is no different. I’m needing advice on what I could do next. 

First, I was NEVER served my summons by an officer of the courts, I was mailed a few attorney advertisements and attached were the summons. Immediately I got scared, and researched how to file my answer, which I did, as of November 15th. I have no legal representation so I’m defending myself “pro se”. Before this summons came about I was taking steps in repairing my credit, and I sent my first rounds of letters to all three bureaus. Since then, I had the summons in the mail, and I filed the answer, I’ve finally heard back from one of the bureaus which states that Capital One has charged my account off, and it’s states, “Account closed by Credit Grantor Account previously in dispute- Now resolves by data furnished” what I’m assuming now is that my account possibly is no longer owned by Capital One, which means that I might be able to file a Motion To Dismiss because the Party has no legal standing to being this case forward. Will that be accurate? My next thought was that I should request a chain of assignment to see if Capital One Bank does in fact still own this debt. 

Which is the best option moving forward. There is still no set court date, although I do believe it’s approaching, I found that the plaintiffs attorney had paid the case fee of 165.00 to the courts, so a hearing is coming shortly. I need to get ahead of this and work on proper defense. 

Service by mail is allowed.

Rule 4 of the AR Rules of Civil Procedure 

Service of summons shall be made by

(4) in the event of service by mail or commercial delivery company pursuant to subdivision (d)(8) of this rule, by the plaintiff or an attorney of record for the plaintiff.

Does Cap One’s entry on your credit report indicate that the account was sold?  If not, that and the fact that it is named as “plaintiff” shows that you’re being sued by Cap One.  

Do you have a valid defense?

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23 minutes ago, BV80 said:

Service by mail is allowed.

Rule 4 of the AR Rules of Civil Procedure 

Service of summons shall be made by

(4) in the event of service by mail or commercial delivery company pursuant to subdivision (d)(8) of this rule, by the plaintiff or an attorney of record for the plaintiff.

Does Cap One’s entry on your credit report indicate that the account was sold?  If not, that and the fact that it is named as “plaintiff” shows that you’re being sued by Cap One.  

Do you have a valid defense?

I do not have a defense. I pretty much denied every paragraph on the complaint, denied knowledge of ......... on every complaint. I’m thinking that maybe I can file interrogatories in order to see what evidence they may have. Being as though this is he original creditor, I want to see just what they have exactly tying me to 4,000.00 worth of debt. I do not remember that much credit ever being extended to me. And as of today, the complaint has one amount, but on my report, TransUnion has added about 200 more dollars to that debt, so I’m unsure as to what is exactly owed. 

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4 minutes ago, BBeauty32 said:

According to my report, The account has not been sold. And yes, Capital One Bank (USA) N. A. is the plaintiff 

Then the account has not been sold and Cap One’s standing to sue is not an issue.

I’ll be honest, it’s more difficult to defend oneself against on original creditors (OC).  You need to consider settling. 

The balance could have increased due to late fees and the default rate of interest.  

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Just now, BBeauty32 said:

I do not have a defense. I pretty much denied every paragraph on the complaint, denied knowledge of ......... on every complaint. I’m thinking that maybe I can file interrogatories in order to see what evidence they may have. Being as though this is he original creditor, I want to see just what they have exactly tying me to 4,000.00 worth of debt. I do not remember that much credit ever being extended to me. And as of today, the complaint has one amount, but on my report, TransUnion has added about 200 more dollars to that debt, so I’m unsure as to what is exactly owed. 

Oh! And the summons wasn’t attached to advertisement from the plaintiffs attorney! The plaintiffs attorney is in Tennessee, the advertisement that was in my mail was from a local bankruptcy attorney

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1 minute ago, BV80 said:

Then the account has not been sold and Cap One’s standing to sue is not an issue.

I’ll be honest, it’s more difficult to defend oneself against on original creditors (OC).  You need to consider settling. 

The balance could have increased due to late fees and the default rate of interest.  

Okay, how would I go about settling, do I contact the creditor, or their attorney? Ultimately, I’m wanting to settle, and also have the debt removed from my credit report. Would anyone have any suggestions on what I would need to add in the settlement letter? Any templates available?

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8 minutes ago, BBeauty32 said:

Oh! And the summons wasn’t attached to advertisement from the plaintiffs attorney! The plaintiffs attorney is in Tennessee, the advertisement that was in my mail was from a local bankruptcy attorney

The summons would not have been attached to the bankruptcy attorney’s advertisement because he is not the attorney for the plaintiff.

You did receive a copy of the complaint from the plaintiff’s attorney?

 

7 minutes ago, BBeauty32 said:

Okay, how would I go about settling, do I contact the creditor, or their attorney? Ultimately, I’m wanting to settle, and also have the debt removed from my credit report. Would anyone have any suggestions on what I would need to add in the settlement letter? Any templates available?

You would contact the attorney for the plaintiff.  

 

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8 minutes ago, BV80 said:

The summons would not have been attached to the bankruptcy attorney’s advertisement because he is not the attorney for the plaintiff.

You did receive a copy of the complaint from the plaintiff’s attorney?

 

You would contact the attorney for the plaintiff.  

 

Correct. The bankruptcy attorney is NOT the attorney for the plaintiff. His advertisement was stating how bankruptcy could be an option for me since there was a suit against me for this debt. His advertisement letter also stated that I could call now for a free consultation. 

I received the copy of the plaintiffs compliant through the Pulaski County Clerks online portal. I used the summons that I opened through the mail advertisement, entered the case number in online, and it had the filed complaint, an affidavit, terms and conditions of agreement, my military status, a charge off statement, and summons attached. That’s when I knew for sure that the summons in the advertising mail was legit, because it was the very same one online, under my docket report. 

So, now, I’m feeling like I want to have this resolved sooner, rather that going into court. I just don’t want to mess anything up, I want to be clear with the attorney what I’m wanting, and I want to leave knowing that the debt will be settled, and it will be removed from my report. Does anyone here think I should use a letter template, or does anyone have some advice on how to reach out to the attorney over the phone and begin the negotiation process? I’d love to hear! 

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9 minutes ago, BBeauty32 said:

Correct. The bankruptcy attorney is NOT the attorney for the plaintiff. His advertisement was stating how bankruptcy could be an option for me since there was a suit against me for this debt. His advertisement letter also stated that I could call now for a free consultation. 

I received the copy of the plaintiffs compliant through the Pulaski County Clerks online portal. I used the summons that I opened through the mail advertisement, entered the case number in online, and it had the filed complaint, an affidavit, terms and conditions of agreement, my military status, a charge off statement, and summons attached. That’s when I knew for sure that the summons in the advertising mail was legit, because it was the very same one online, under my docket report. 

So, now, I’m feeling like I want to have this resolved sooner, rather that going into court. I just don’t want to mess anything up, I want to be clear with the attorney what I’m wanting, and I want to leave knowing that the debt will be settled, and it will be removed from my report. Does anyone here think I should use a letter template, or does anyone have some advice on how to reach out to the attorney over the phone and begin the negotiation process? I’d love to hear! 

There is no template that I know of.  

Let me say right off that they probably will not agree to the removal of the debt from your CR.  

The terms of the settlement could also determine something else.  If you want to make payments, they might ask you to sign a stipulated  judgment.  That means that if you make all the payments on time, a judgment will not be entered against you. 

However, if you fail to make timely payments, a judgment will be entered. 

Now, if you can make one lump sum payment for the agreed upon amount, no stipulated judgment would be necessary. 

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I will say I am very aligned with BV80. Great advice.  Resolving the account seems like the best option. Original creditors, especially Capital One will have all documents and etc they need for judgment. Like BV80 said it’s less than 0% chance that the creditor removes the tradeline and that’s even if you pay in full.  Good luck and congrats in advance for resolving !

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