Chelsea90

Capital one sueing me

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I was served papers today

plaintiff is capital one C/O Nathan and Nathan, P.C. 

 

my account was charged off off in June 2019 a month before their data breach July 2019.  Can they still sue me!?

 

also, I didn’t receive any affidavit, no statement from OC nor any kind of evidence from my account with Cap 1 when being served. 

 

My my plan was to actually settle with them during tax time because I do want to pay them back. Yet they beat me to the punch of sueing me.

 

How do I kno if Nathan and Nathan actually owns the debt or is collecting for the OC?!

 

can I call them and ask for the evidence against me or if they own the debt!?

 

i don’t kno where to start.

 

i have 14 days to tell my to the summons.i dnt have 3500 to give. I have no savings, bonds, I rent an apartment.! I live paycheck to paycheck.

 

what do I do!?

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2 hours ago, Chelsea90 said:

my account was charged off off in June 2019 a month before their data breach July 2019.  Can they still sue me!?

Yes.  The data breach has nothing to do with your default.  It happened more than a month after your account was charged off and 7 months after you defaulted.

2 hours ago, Chelsea90 said:

also, I didn’t receive any affidavit, no statement from OC nor any kind of evidence from my account with Cap 1 when being served. 

Alabama does not require evidence to be attached to the complaint when filed. If you want those things you will have to do discovery under your court's rules of civil procedure.

2 hours ago, Chelsea90 said:

How do I kno if Nathan and Nathan actually owns the debt or is collecting for the OC?!

They are the law firm representing the OC/Cap 1 in court.  They do not have to own the debt to do that.

2 hours ago, Chelsea90 said:

what do I do!?

Unfortunately you have no option but to settle the suit or defend yourself.  Cap1 removed arbitration as an option about a decade ago so that cannot be used.

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