Not sure where to go with this. I had a Cap one card that I stopped paying on back in 2004. The last payment on my credit report is April 2004 for this account. In April '08, I was served to appear in small claims court in my jurisdiction. I filed notification that I planned to defend and wrote Cap one for documentation of the debt. Never heard from them. I showed up in court on the appointed day in June and they didn't turn up. The judge found in my favor but they had thirty days to appeal. Judge explained they did not have to respond to my letter. Well the thirty days just expired and I received notice that the filed an appeal on the 30th day. Is there any chance that I can call and settle with them now? If not, can I defend myself or do I need an attorney? I don't have any records from back in 2004, so I am not sure of my last date of payment. I don't even know how much they want from me. The last credit report amt was $1,100. It isn't on any of the court paperwork.
You can reach a settlement or go back into court.they might not show up,you need all your paper's on this matter including the original dispute sent to them.you need to pulle your credit report's.as for an attorney you could go over this with one and then decide.
What you really need is a copy of the credit card agreement. Since it's Cap One, there's a good possiblity that they state in there that Virginia laws apply. If they do, the Virginia SOL is three years, and you'd be past the SOL. Make your your state has a borrowing statute. Ask for a copy of the agreement if you don't have one. Then look for the choice of law provision.
Hi Hedwig, Thanks for the advice, I thought it would be governed under PA law which states the SOL is 4 years, but I forgot that the original agreement would have said which jursdiction's law's applied. I've already sent a certified return-receipt-requested letter to both Cap One, the collection agency, and the lawer requesting validation of the debt, including a copy of the agreement. However, I never received any response. Is there any way that I can get this information? Should/Can I file a discovery motion with the court (this is the Court of Common Pleas in Chester County, PA) for this information? I have copies of the request I sent with the receipts that I can take to court, but I would like to be able to see any/all documentation that they have before the actual court date. Thanks!
I don't know what your court's procedures are. You need to become familar with the local procedures and laws. Maybe talk to one of the clerks. You should be able to ask for it either as discovery or at the trial. Or search your records for a copy of the agreement.
Whoa, there. It sounds like the TRIAL is over, and our poster won by default when the plaintiff failed to show up. Now the plaintiff is appealing the default judgment. I'd be curious to know what their grounds for appeal is. The rules for appeals are not the same as the rules for the original trial. The plaintiff will be asking the appeals court to vacate the judgment and send it back to trial. The defendant must overcome their arguments and convince the appeals court that the original judgment should stand. I'd think that as appeals go, this should be fairly easy -- they didn't bother to file an answer with the court before the deadline or show up for the trial. But I have zero experience with appeals courts, so I don't know how hard this will really be.
Thanks, I'll check out and see what the local procedures are and what my discovery options are. I know I don't have a copy of the original agreement unfortunately... however, I know that they need to produce a signed agreement in order to collect.
That's what I thought too. I thought it was strange to appeal when they didn't show up for the first case, and was under the impression that they would need grounds for an appeal. I will have to research this and see what kind of argument can be made.
What ground's are they appealing on,they didn't offer any defense,nor present their side of the case so they can't challenge any ruling's i think there stalling for time to find something in the transcript's,to avoid paying.you might ask for a dismissal on the ground's lt is a default judgement they appealed they wasted the court's time by not showing.however i don't know very much about appeal court.you might counter sue for loss of wage's from the first time.
Help us here. Is there a CA representing CapOne in this proceeding? Or is it CapOne that has filed the charges against you ? If it is a CA that is representing CapOne, I would think that is why nobody showed for court. I am not that good a law, but if and fact it was a CA trying to sue, I would counter sue the CA for trying to collect on an SOL debt. And if they have been placing a tradeline on your CR, I would sue them for that as well. But some of these seniors in this forum can better direct you. Course everyhting is relative to the laws in your state..
Some ca's are a one person operation,and studied a few thing's and thought it would be easy money,alway's remember you get a judgement it's up to you to collect it the court some court's don't care once judgement is given.i'm thinking the appeal is for them to contact cap1 to find out what to do,and see if cap1 want's to go ahead or just drop it.i could be wrong just ask my husband of 40 year's
JJ, you are too cute(jus ask your husband), cause he WOULD know.then again after 40+ years, I would hope you would admit to ONE mistake in those many years LOL .. In my case the judge ruled in my favor(default). Then he asked did I know what I needed to do next. I told him that the cleark gave me an affidavit to have noterized and sent back to the court. I would assume that is needed to carry out the suit that I have won..
The only mistake was not forcing him to quit smoking and working him self to death.Like i said i think their stalling,they may not show up again.just because they appealed does't mean the court will take the case
In most states, it is not illegal to collect on an out-of-statute debt. So there is no countersuit there. In fact, if you don't go to court and assert the affirmative defense of SOL, they can still get a judgment against you.
Well yes they probably collect every day without proof. However, under the fair debt collection practice act, I am entitled to verification of the debt, which includes the original agreement and a full accounting of what I owe. I original signed agreement is a contract, the terms of which they are suing me over. They have to present that as evidence in order for them to win the case, if I demand to see it.
Well I am confused about this as well. The plaintiff on the lawsuit is listed as "Capital One Bank" at "P O Box C3800, Southeastern, PA". Souteastern is not a town, but a postal hub in the Malvern, PA area. The debt, as far as I last know, is "owned" or was sold to a "law firm" of "Blatt, Hasenmiller, Leibsker & Moore (BHLM)", a collection agency. They have a local PA office in Malvern. The lawyer listed on the case is one "David Jenkins" of West Chester (the county seat of Chester county). He is, oddly enough, a real estate lawyer. So I'm not sure who is behind the suit, it isn't completely clear.
Yes I know, which I think is what they were hoping... there were 8 cases in the local district court that morning, and I was the only person (plaintiff or defendant) to show up at all. Of course I won by default, but the judge himself said they likely didn't show up because they had no proof, and that they encourage people to show to defend themselves.
I think the judge know their was no way they had no proof.i think they will be a no show again.i would send them a bill for lost wage's gasoline.etc
Actually, they will produce a copy of the terms and conditions that were current as of when you last used the account. That's what will determine your contract. What the original terms were won't matter. They'll show that they mailed a change in terms, and the fact that you used the account after that implies acceptance of those terms. In most cases, you have to send them a notice in writing if you don't want to accept the new terms, and then you can no longer use the account. If you did that, you should be prepared to produce your copy of that letter.
