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Sued by Capital One in Texas. Please Help


TxCitiboy
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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?

Moss Law Firm (Lubbock Texas)

3.       How much are you being sued for?

$1,553.64 (Credit report says $1,621)

4.       Who is the original creditor? If not the plaintiff?

I cannot find another name listed, I think that the OC is the plaintiff.

5.       How do you know you are being sued?

Served on 5/4/19

6.       How were you served?

At home address during dinner on Saturday.

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

Yes, I can’t find a violation on the way served.

8.       What was your correspondence with the people suing you before you think you were sued?

No contact, phone or otherwise.

9.       What state and county do you live in?

Johnson County, Texas.

10.   When is the last time you paid your account?

4/13/17 as recorded on the credit report.

11.   When did you open the account?

I believe the account was opened in 2014.

12.   What is the SOL on the debt?

SOL in texas is 6 years.

13.   What is the status of the case?

Filed-waiting period after service is the last entry on the case file.

14.   Have you disputed the debt with the credit bureaus?

No.

15.   Did you request debt validation before the suit was filed?

No.

16.   How long do you have to respond to the suit?

14 days.

I have attached copies of the service papers with all of the facts, cause of actions, attorney’s fees, and prayer.

 

17.   What evidence did they send with the summons?

An account statement from November.

18.   How did you find out about this site?

Have used it before to build an answer.

 

 

With all of this info, and my searching, I have a few questions.

 

I believe that it is the OC suing, not a JDB. I also think that Capital One’s credit agreement does not have an Arbitration clause, because they removed it during the early 2010s? Seeing as how this is the OC, and there is no arbitration clause, my plan of action is to file a general denial to all points. What is the language to file in the answer that basically states a general denial of all claims?

My plan is to file the answer, and then contact the OC and approach for a settlement. I just have to answer to the summons first to avoid a summary judgement.

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1 hour ago, TxCitiboy said:

I believe that it is the OC suing, not a JDB.

Correct.

1 hour ago, TxCitiboy said:

I also think that Capital One’s credit agreement does not have an Arbitration clause, because they removed it during the early 2010s?

Also correct.  Your options are bankruptcy if you qualify, settlement, or judgment.

1 hour ago, TxCitiboy said:

What is the language to file in the answer that basically states a general denial of all claims?

You can format it the same way they did their suit.  You would admit your identity/address and deny all other counts.  You can reserve the right to amend your answer for further affirmative defenses if needed.

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4 hours ago, TxCitiboy said:

My plan is to file the answer, and then contact the OC and approach for a settlement.

Under the circumstances, this is realistically your best option. Cap1 might go as low as 50%, but keep in mind that you have no bargaining power, especially considering they now have court costs, which is real money out of their pocket.  I'd start at 30% and see where it goes. 

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capital one will not negotiate with you since your account is with a law firm. If you do get an agent at capital one they will direct you to moss. I agree with the others, reach out to Moss and start low and see where you end up. Problem with smaller balances is they are less likely to take anything less than 50% especially due to the expenditure of court costs. Good luck!

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General Question prior to preparation of an ANSWER.

 

I'm sure it's of no real consequence, BUT since the date that the original service date was tried (January) and the delivery of the complaint last week, I have changed my name and moved. We bought a new house, but this address isn't recorded on the complaint, and we finally changed last names because we were married and adopted kids. In essence, the last name on the paperwork is not my last name anymore.

 

Like I said, I'm sure this doesn't matter, but sometimes little things can be big things, and I wanted to make sure this didn't matter before proceeding.

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It doesn't matter in terms of a 'get out of jail free card'. You do, however,  need to update your name and address with the court clerk. Best way is to file a notice of change of name and address with the court, and send a copy to Cap1's lawyers. 

If your new address is not in the jurisdiction of the courthouse you were sued in, you can also file a motion to dismiss for lack of personal jurisdiction, although Cap1 will simply turn around and sue you in the courthouse for your new address. If your end goal is to settle, where you are sued is of no consequence. 

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