DeepEastTexasBoy

Being sued by Capital One by Moss Law firm in Texas

Recommended Posts

HELP!  I'M BEING SUED

1. Who is the named plaintiff in the suit?   Capital One Bank (USA), N.A.
2. What is the name of the law firm?   Moss Law Firm, P.C., Lubbock, TX
3. How much are you being sued for? $3,300 + plus court costs
4. Who is the original creditor? Capital One Bank
5. How do you know you are being sued? Served in person
6. How were you served? In person.
7. Was the service legal as required by your state? Yes.
8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received a Demand Letter from Moss Law firm about 9/18/2018.  They received my Dispute letter on 10/6/2018 then I got sued.
9. What state and county do you live sued? Texas, Angelina County
10. When is the last time you paid on this account? They say September 2017
11. When did you open the account?  2013
12. What is the SOL on the debt?  4 years
13. What is the status of your case? I was served, answered with a detailed denial, given court date, plaintiff filed and was approved continuance of 60 days (signed by judge 4/30/2019), plaintiff submitted invoices and affidavit, I sent motion to strike evidence/affidavit, my motion is denied. No court date set yet.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? Yes
 15. Did you request debt validation before the suit was filed? Yes
16. How long do you have to respond to the suit?  Already did
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. . They submitted a past due statement (dated 2/11/2018) from Capital One with the summons.

On my credit reports the account lists it is closed, charged-off, and I owe a balance that is $120 more than I am being sued for.

I maybe "judgement proof".  I am a disabled vet, I am on SSA disability as well.  Paying on homestead (10 acres, rural home).  

I am a pro se litigant and not a law expert.  Please look and see if I have any dogs in the fight or is my goose cooked well done.

Thanks in advance and God bless.
 

Share this post


Link to post
Share on other sites

Unfortunately, arbitration won't be an option for you, as Cap One removed the arb clause in 2010, I believe.

 

Calling @texasrocker

Share this post


Link to post
Share on other sites
14 minutes ago, nobk4me said:

Unfortunately, arbitration won't be an option for you, as Cap One removed the arb clause in 2010, I believe.

 

Calling @texasrocker

His stuff is not suitable for an OC suit. JDB only.

The OP has nothing to lose by asking Cap1 if they have a hardship program because they are collection proof on any judgment they may get.

Share this post


Link to post
Share on other sites
5 hours ago, Clydesmom said:

His stuff is not suitable for an OC suit. JDB only.

The OP has nothing to lose by asking Cap1 if they have a hardship program because they are collection proof on any judgment they may get.

So I should contact Moss Law Firm to ask if the OC has a hardship program because I am judgement proof?  Or should I fill out an "Inability to Pay" form and file it with the clerk and hope the lawyers see that I'm judgement proof and hope they won't bother to show up?  I think I read somewhere that this form would help me in an appeal if the plaintiff wins a judgement.

Share this post


Link to post
Share on other sites

I have to admit, that back in 2018 when I got the "Demand Letter" from the Moss Law firm it appeared they were JBD's.  I was hoping they were.  It kind of felt they were riding the fence between JBD's and legal representatives of an OC.  Making it confusing on which laws would govern their practices.  Even though the OC is the plaintiff, their representatives, the Moss Law Firm, seems to be a JBD in disguise.  

Share this post


Link to post
Share on other sites
3 hours ago, DeepEastTexasBoy said:

I have to admit, that back in 2018 when I got the "Demand Letter" from the Moss Law firm it appeared they were JBD's.  I was hoping they were.  It kind of felt they were riding the fence between JBD's and legal representatives of an OC.  Making it confusing on which laws would govern their practices.  Even though the OC is the plaintiff, their representatives, the Moss Law Firm, seems to be a JBD in disguise.  

I did a Google search and while they ARE a large bottom feeding law firm that handles debt collection cases they are NOT a JDB.  They do not purchase the debts themselves.  They are hired to represent JDBs and original creditors.

3 hours ago, DeepEastTexasBoy said:

So I should contact Moss Law Firm to ask if the OC has a hardship program because I am judgement proof?

I would contact Capital One. They retained the law firm and are likely to answer.  Keep in mind that NOTHING in the law requires they have a hardship program but if they do and you comply with the requirements which will include producing proof of exempt income then they could drop the entire matter.  

FYI:  you are not judgment proof.  Having exempt income does not mean they cannot get a judgment against you.  It simply means they cannot levy your bank account for any amount less than 2 months worth of benefits.  ANY income in the account from a non-exempt source they could seize.  You are probably collection proof currently but that doesn't mean they will drop it.  Some creditors are willing to take a chance that you will want or need credit in the future and have to deal with them and by then the judgment could be a lot more with post judgment interest.

3 hours ago, DeepEastTexasBoy said:

Or should I fill out an "Inability to Pay" form and file it with the clerk and hope the lawyers see that I'm judgement proof and hope they won't bother to show up?

File the inability to pay form anyway.  The chances they don't show are slim to none.

3 hours ago, DeepEastTexasBoy said:

I think I read somewhere that this form would help me in an appeal if the plaintiff wins a judgement.

No.  It only establishes that you are below the poverty level and unable to pay court fees.

  • Like 1

Share this post


Link to post
Share on other sites
On 6/27/2019 at 11:54 PM, Clydesmom said:

I did a Google search and while they ARE a large bottom feeding law firm that handles debt collection cases they are NOT a JDB.  They do not purchase the debts themselves.  They are hired to represent JDBs and original creditors.

I would contact Capital One. They retained the law firm and are likely to answer.  Keep in mind that NOTHING in the law requires they have a hardship program but if they do and you comply with the requirements which will include producing proof of exempt income then they could drop the entire matter.  

FYI:  you are not judgment proof.  Having exempt income does not mean they cannot get a judgment against you.  It simply means they cannot levy your bank account for any amount less than 2 months worth of benefits.  ANY income in the account from a non-exempt source they could seize.  You are probably collection proof currently but that doesn't mean they will drop it.  Some creditors are willing to take a chance that you will want or need credit in the future and have to deal with them and by then the judgment could be a lot more with post judgment interest.

File the inability to pay form anyway.  The chances they don't show are slim to none.

No.  It only establishes that you are below the poverty level and unable to pay court fees.

 

Thank you very much and God bless.  Very informative 

Share this post


Link to post
Share on other sites

Where could I go to check if the Affidavit of Records is on the up and up and not just something recopied or forged? The handwriting of the affiant and the notary looked similar.  It was motorized in Virginia.  I mentioned these aspects in my Motion to Strike Affidavit and Evidence.  Of course the judge ruled against me.  I still think the affidavit is not genuine.   

Also in their affidavit, the affiant claims to be a Litigation Support Representative and "...provide me with access to all relevant systems and documents of Capital One needed to validate the information herein."  Is the affiant suppose to know how these documents are created?  I asked for the Affiant's job description.  Of course I was ruled against.  

Should I still bother with the plaintiff's affidavit and evidence (to find some default within) or let it go because I might piss off the judge???

They submitted the affidavit and the records as evidence during the continuance.  Is that allowed?  I would have to ask the judge for Discovery to do anything like that.

Thank you and God bless 

 

Share this post


Link to post
Share on other sites
2 hours ago, DeepEastTexasBoy said:

Where could I go to check if the Affidavit of Records is on the up and up and not just something recopied or forged? 

Should I still bother with the plaintiff's affidavit and evidence (to find some default within) or let it go because I might piss off the judge???

Here is the problem:  you are using a defense tactic that works when you are sued by a JDB.  It does NOT work when you are being sued by the OC.  Cap1 can submit their own records and the affidavit merely testifies that it is their own records of their interaction with you.  That is what this statement is saying:

"...provide me with access to all relevant systems and documents of Capital One needed to validate the information herein."

2 hours ago, DeepEastTexasBoy said:

They submitted the affidavit and the records as evidence during the continuance.  Is that allowed?

Yes.

 

Share this post


Link to post
Share on other sites

Hello everyone,

Status to this lawsuite.

On 5/2/19 Moss Law Firm filed a Motion for Continuance (MFC) for 60 days.

On 7/19/19 Status Letter was sent, 1st request.

Thank you and God bless 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.