Being sued by weltman Weinberg & reis on behalf of capital one. in the state of KY.

[maga2024]

Hi guys, 

 

I was served a summons that I'm being sued from what I assume is a junk debt collector on behalf of capital one. 

 

What should I do in this case ? File an answer and deny this or ask for more documents to confirm the validity of the account. Ive attached the files I've received. Im new to this and not a native English speaking individual, I would appreciate any help. Thank you. 

 

Exibit a and B are just the account agreement and one of my statements when the account was charged off. 

IMG_2272.HEIC

[BV80]

@giothegerman

When sued, the first thing to do is answer the complaint.  The documentation should inform you of how much time you have to file an answer.  If you don’t file a timely answer, a default judgment could be awarded to the plaintiff against you.

You are being sued by the original creditor, Capital One.  Did you open the account and default on the balance?   Is the date listed on the statement  2019?  If so, it would appear the debt is still within the statute of limitations (SOL) for your state.

If this is your account, I would file an answer with the court.  Send a copy to the plaintiff’s attorney.  Be sure to make a copy for yourself.    If you are in small claims court, there is probably an answer form on your court’s website that you can use.

Can you offer a settlement?  Since you are being sued by the original creditor, chances are it has the documentation necessary to prove its claims.  

 

[BackFromTheDebt]

There is one extremely important question. 
 

What year did you open the account?  
 

If you had the account for more than a decade before default, your strategy would be different with Cap 1

[maga2024]

7 hours ago, BV80 said:

@giothegerman

When sued, the first thing to do is answer the complaint.  The documentation should inform you of how much time you have to file an answer.  If you don’t file a timely answer, a default judgment could be awarded to the plaintiff against you.

You are being sued by the original creditor, Capital One.  Did you open the account and default on the balance?   Is the date listed on the statement  2019?  If so, it would appear the debt is still within the statute of limitations (SOL) for your state.

If this is your account, I would file an answer with the court.  Send a copy to the plaintiff’s attorney.  Be sure to make a copy for yourself.    If you are in small claims court, there is probably an answer form on your court’s website that you can use.

Can you offer a settlement?  Since you are being sued by the original creditor, chances are it has the documentation necessary to prove its claims.  

 

Hi, thx for the response. 

 

1: I am filing an answer as we speak, just not sure what to put in it. 

2: I did default due to going to a professional school and losing all income. 

3: should I call the office that is suing me and offering them a settlement or? 

[maga2024]

5 hours ago, BackFromTheDebt said:

There is one extremely important question. 
 

What year did you open the account?  
 

If you had the account for more than a decade before default, your strategy would be different with Cap 1

2014 sadly, I think they removed the arbitration clause after 2010. 

Looks like I'm SOL : ( 

[Bulldoger]

On 5/14/2021 at 2:22 PM, giothegerman said:

Hi, thx for the response. 

 

1: I am filing an answer as we speak, just not sure what to put in it. 

2: I did default due to going to a professional school and losing all income. 

3: should I call the office that is suing me and offering them a settlement or? 

You have 20 days from time you got served, I see complaint is dated March 27, 2020 when did you get served.

I have attached the form you need to fill out and a wavier of fees incase you need. 

you answer each number sentence/paragraph in complaint: for example.

1.  The attached Consumer Agreement does not contain my signature, I have no personal knowledge of a contract between parties so at this point I neither affirm or deny. 

2.  There is no affidavit from employee with direct knowledge of how statement was prepared and attesting to it's balance being accurate. I have no personal knowledge of how the statement was prepared and cannot affirm or deny the statement.   

3. Plaintiff at first does not seek cost then at end prays for cost. Statement is inconsistent.  

026.pdf Answer_General Civil_0.pdf

[maga2024]

On 5/24/2021 at 11:54 PM, Bulldoger said:

You have 20 days from time you got served, I see complaint is dated March 27, 2020 when did you get served.

I have attached the form you need to fill out and a wavier of fees incase you need. 

you answer each number sentence/paragraph in complaint: for example.

1.  The attached Consumer Agreement does not contain my signature, I have no personal knowledge of a contract between parties so at this point I neither affirm or deny. 

2.  There is no affidavit from employee with direct knowledge of how statement was prepared and attesting to it's balance being accurate. I have no personal knowledge of how the statement was prepared and cannot affirm or deny the statement.   

3. Plaintiff at first does not seek cost then at end prays for cost. Statement is inconsistent.  

026.pdf 460.33 kB · 0 downloads Answer_General Civil_0.pdf 59.85 kB · 2 downloads

ive responded. Thank you very much for the pdfs. 

[Bulldoger]

That's the first step, 

1: I am filing an answer as we speak, just not sure what to put in it. (done great)

2: I did default due to going to a professional school and losing all income. 

(they don't care and don't say this in court as that may lead to a default judgement)

3: should I call the office that is suing me and offering them a settlement or? 

Yes that's your best plan now is negotiating with attorney while fighting in court. It cost them money to fight in court so you can use that to get into some settlement or forbearance  if you can't pay anything.  Explain your situation see if they will workout a payment plan. Try to stay-out of a judgment being entered. You don't need a judgment good for 15 years and may be renewed  also looks bad on your credit report. See if you can get a contingent judgment at least where you agree they can file a judgement if you default on the payment plan. This way if you make the payments you don't have to worry about it being on your credit report or court record.  Try to get in writing that when you make last payment they will remove the trade line from your credit reports or at least the late payments and charge off and show it paid in full.   You will probably have to continue fighting case while you try to negotiate. Anything you say in negotiations out of court can't be used against you in court this is where you can explain your financial situation they may be more willing to settle if they know they can't get anything by garnishment or levy. Here are homestead exceptions (protected assets) in your state.

Kentucky Law protects some of your property and income from debt collectors. The following list applies to each debtor, so a married couple can double the amount which is "exempted" from creditors.

$5,000 equity in a home or burial plot, unless you voluntarily gave the creditor a lien which covers the home's total value.

$2,500 equity in a motor vehicle, unless you voluntarily gave a lien on the car for its total value.

$3,000 worth of furniture, clothing and household items

$300 for tools of your trade

$3,000 of a farmer's tools, equipment, livestock, or poultry

Professionally prescribed health-aids

SOME INCOME CANNOT BE TAKEN BY CREDITORS

Kentucky law and federal law allow you to keep, each week:

75% of your weekly take-home pay OR Thirty times the minimum wage ($217.50 as of July 2009), whichever is greater!

The rest may be garnished (taken) by court order, usually after a lawsuit and judgment against you. Notice money in bank was not listed so they can wipe-out you bank account.