Just wondering what my chances are. They've served me twice and I spoke with the lawyer today. He kept apologizing (because he knows I have nothing) but says since I have my name on real estate CapOne won't drop the suit. Looks like a ch 7 is the only thing I can do to avoid a judgment.

Without more detail, Chapter 7 could risk the real estate.

Was it a CAP ONE lawyer you talked to or one of those law school flunkies that collection agencies usually hire?

Frist thing is to quit talking to their "lawyer".Get an attorney and let them talk.Remember everything you say and do is admissable in a court of law.They are probaly recording everything said.I never heard a lawyer say im sorry if he did it was with a smirk,chuckle.

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jjgross* The answer my friend is written on the wind

jlynn, my mortgage is up to date and my husband is joint on it. Why would a bk risk the house?

It was a local lawyer who I spoke with who is handling the suit for Cap One. I know I shouldn't have called him but I freaked when I got the second summons today. And, he told me there is another coming in the next week or so (another Cap One that was for business use).

I swear he was very kind and apologetic but said without a payment plan or voluntary judgment, Cap One would continue the suit. I said there is a $300k homestead exemption in my state what do they hope to get? He said in 10 years who knows what the real estate could be worth. They're willing to wait 10 years to get $5k? That's crazy!

Of course, you're right and he could be laughing his butt off on the other side. But, I'm not denying the debt, I just want to avoid a judgment (20 years renewable in my state).

Any chance of getting a settlement (an affordable one) at this point?

What was the date of the very last payment you made on this account? This is very important - more than likely the account is beyond the Statute of Limitations. This is regardless of your state of residence; Capital One customer agreements are governed by the laws of Virginia, which has a three year SOL. I can give you at least two separate examples of case law that support this argument.

Capital One does not use local attorneys to sue - I'll bet if you look into this you'll find that the collector TRAKAmerica is who is really behind this.

unfortunately, they are within the statute - my dola was july 2006

http://www.city-data.com/forum/perso...expired-2.html

note Mircea's post - this goes along with your logic sharp. Is cap one the right one to sue me?

. You didn't say house in your first post, you said real estate. That's why I said "without more detail" ;)

Cap One is willing to sit back and wait, because it will be more than 5K by the time they add on interest, attorney's fees, etc., and if you ever try to sell the house, you'll likely have to pay the judgment to get clear title. They are taking a gamble.

Sorry...I'm so flustered right now! Pls see post above (link)

Got it - ok, next question: who is actually suing you?

You need to call Capital One and ask a live representative if Capital One still OWNS this account. Get an answer, then take special note of where they transfer your call to.

We'll go from there.

jlynn - I'm wondering if Capital One really owns this account, or has sold it off to a JDB.

Capital One has been liquidating bad debt quickly in the past few weeks, and I think that is why there are tons of "Sued by Capital One" threads across the net right now. Citibank is doing the same thing.

It is Howard Lee Schiff Law Offices on behalf of Capital One (Plaintiff)

That link above says Capital One sells all debts?

Just because it says Capital One is the Plaintiff doesn't mean that is who is actually suing you.

Did you call Capital One?

Nooooo...everything I've read/seen says Cap One is a pitbull and will sue, sue, sue. It never dawned on me (until tonight) that it wasn't really them suing. Everything in the summons, the admissions, interrogatories, and production of documents says "Capital One."

You can tell they use a template though, my state is RI and they have SC. They obviously don't proof-read. Oh, and the letter w/the voluntary judgment verbiage says "this communication is from a debt collector."

ok, so I just called the 1-800-955-7070 number because I no longer have the cards. After I put in my number was transferred to the "National Attorney Network." Got an answering machine but what the hell is that?

answered my own question
TSYS - National Attorney Network

I don't know. They used to hold on to everything, and very seldom sued, but while the pace has picked up noticeably over the last few weeks, some started seeing a trend in them selling off debt when they became a national bank.

Rip-off Report: TSYS False affidavits and false and misleading information in court cases Atlanta Georgia

The following are excerpts from another board. Is this what you meant sharp? Is it grounds to dismiss?

>>Did you receive any dunning letters prior to the lawsuit? Crap1 works with a skip tracer called TrakAmerica and sometimes they branch collection out to several CAs at the same time before filing suit. One of those CAs may have identified TrakAmerica. Other than that they don't pull your CR directly. Then they file affidavits pretending to be "an agent for Crap 1 duly authorized to make the affidavit".... and hire an attorney in your area to get an easy default judgment in most cases.

Personally, I think TrakAmerica is committing fraud by concealing its activities and acting as if they were Crap1.

If you still have time for discovery, I would try to get some info on who exactly hired the attorney and who does the person who file the affidavit work for.<<

>>The latest trend is for Cap 1 to sell the debt to a few choice attorneys who act as debt collectors but put "Cap 1" as the plaintiff. If this is the case, I would threaten to turn the law firm into the State's Bar association. This is fraud.<<

That's not uncommon. You really should call Capital One directly and ask them if they still own the account. It's not going to hurt anything. Remember, they're just customer service agents, not lawyers. Just don't get chatty and volunteer information. Ask your question, say thanks, and hang up. Better to ask them than to keep talking to the friendly lawyer who's drawing up their documents.

Since the debt isn't out of the SOL, you really need to at least talk to an attorney. Many offer free consultations. You're dealing with a potential judgment here...it's important to find someone who knows your local laws.

Looks like a place similar to TRAKAmerica.

You'll need to actually speak to a live representative. Don't enter your account number when you call, wait for the option to talk to someone live.

In some of the threads I've seen some diehards that have been insistent that Capital One "never" sells off their bad debt. I'm assuming that the economy has something to do with their change in behavior.