Thread: Will Capital One Sue me? [Help]

Hello,

I have an account with Capital one ($1,100) that has been charged off.

I've had a few collection agencies call me and I they haven't been very willing to negotiate.

Today a law office called "Stevens and Stevens" called and said that they are going to summon me to court.

Has anyone ever experienced this?

Reading some of the articles on this site, I got the impression that a CC company wouldn't sue over $1,000.

Is this just a bluff (like a collection agency seeming to operate as a law firm), or is it for real? How can I tell?

Thanks a ton.

Originally posted by bfleming98
Today a law office called "Stevens and Stevens" called and said that they are going to summon me to court.

Is this just a bluff (like a collection agency seeming to operate as a law firm), or is it for real? How can I tell?

I believe it is illegal for a CA to threaten legal action which they do not intend to take. Any chance you can get a recorded conversation?

If that's true... then I should take what they are saying seriously.

Originally posted by bfleming98

Reading some of the articles on this site, I got the impression that a CC company wouldn't sue over $1,000.

I don't think anyone ever said they WON'T sue for small amounts. It's just less likely.

I'm sorry I got the name wrong its:

"Stewart & Associates PC Attorney's at law"

In my experience, it is very unlikely that a credit card company will actually follow through with a suit for such a small amount like that.

At one point a few years ago I had several CC Charge-offs from $1000 - $7000. None of them ever actually took me to court.

At some point, after they've tried to collect for a year or more unsuccessfully, they will begin to get open to negotiation for settling your account. At that time, you should be able to Settle In Full for about $400 or $500.

This is just from my personal experience. YMMV.

I am in a similar situation with Providian who had some CA buy the account and send it to an attorney.

I was sent a couple of letters from the attorney's office and foolishly ignored them as I had several collection offices over the past few years.

Needless to say, I received a summons and had to respond to the summons within 21 days or a judgement for the full amount would be filed against me. I am in Michigan so CA may be different.

What I should have done, and have done subsequently was send a validation letter to the company the attorney is representing. THe validation letter is located in the FAQ section.

I now may need to hire an attorney. I am not sure yet, I go Monday for a consultation. I'll let you know what happens.

FYI- my original amount owed was 1000.00 dollars but over the past couple of years, THEY CLAIM it is now about 2500.


Hockeymom

Originally posted by hockeymom
I am in a similar situation with Providian who had some CA buy the account and send it to an attorney.

I was sent a couple of letters from the attorney's office and foolishly ignored them as I had several collection offices over the past few years.

Needless to say, I received a summons and had to respond to the summons within 21 days or a judgement for the full amount would be filed against me. I am in Michigan so CA may be different.

What I should have done, and have done subsequently was send a validation letter to the company the attorney is representing. THe validation letter is located in the FAQ section.

I now may need to hire an attorney. I am not sure yet, I go Monday for a consultation. I'll let you know what happens.

FYI- my original amount owed was 1000.00 dollars but over the past couple of years, THEY CLAIM it is now about 2500.


Hockeymom

Did the attorneys send their correspondence (other than the summons) via CRRR? If not, you could deny that you received correspondence.

Your lack of previous response to them probably made them think you were an easy target for a lawsuit (they may figure you won't show up and they'll get a default judgment.

Check out the SOL applicable to these accounts. That is the easiest defense, if it applies. Ask for dismissal with predjudice.

*If* they can prove you owe, definitely make them prove they have the right to assess the additional $1500.

-ingenue

See if you can get an address for them. We can find out if they are "collections" lawyers. If they are, then they are covered under FDCPA.

Originally posted by bfleming98
I'm sorry I got the name wrong its:

"Stewart & Associates PC Attorney's at law"

Thanks Ingenue

The SOL is not gone (7 yrs in MI) so can't use that.
THe paper's were served to me so there was documentation filed by the server to the court. Kinda risky to not respond...

I do think I might have something though...
my understanding is that the suit must be filed in the city you live in or the city that the application was signed in...so I may be able to get a dismissal if that is the case.

The other attorney has already filed his pre-trial paper work with the court ( I rec it Fri) so I thinking that they plan to show up. Probably they are hoping I will settle with them at that time.

Which may or may not happen. The attorney I spoke to last week seemed to indicate that if I had not sent the validation letter PRIOR to receiving the summons, they may not have to respond, and so far they haven't.

So....It may be a case of settling to make it go away.
It would have to be for a lot less then what they are saying they owe and a deletion!

Hockeymom