Last week the constable dropped off a complaint that had been filed by Capital One against me. This debt was charged off late last year. I have twenty days to respond to this compliant. The letter states I should contact an attorney. I don't know what the best move is for me to make. Please Help.
Well, if you aren't up to power learning how to represent yourself in court, an attorney is likely the way to go. What state are you in? It seems Cap One is getting pretty trigger happy with lawsuits of late - I am seeing more and more people being sued by them.
I am in PA. I am pretty sure the SOL has not run out. It hasn't even been more than a year. I hate to spend the money on an attorney if not absolutely necessary, however I don't want to get screwed either. The only other person whom I know personally that has been sued by a credit card had her bank accounts frozen and as well as liens on other assets. I cannot afford those types of problems.
Around 3500 in unpaid 800 in interest and 800 in attorneys fees. I have not really looked into settling. I was under the assumption that Cap One has written me off and now I have to go through the legal system. This this an incorrect assumption. Should I still try calling cap one directly. I just figured they were not willing to work with me 8 months ago, why would they be now.
There's some pretty good stickies post on here gothere and read through some of them.Then if your still confused come back here and we can walk you through it.
It's too late to write a validation letter now--you have been sued. You need to file an answer. Search here for some information. But how the answer must be formatted and any required items will be found in your jursidiction's rule of procedure. At this point you may want to at least have a consultation with an attorney. It would be money well spent.
Maybe I missed something but I thought she said Cap One was the OC and an OC does not have to validate Woofer
At this point it doesn't matter, anyway. The OP has been sued and must answer. Discovery is where she will make sure the debt is hers and that everything is correct.
You said you're in PA, right? They are probably suing you in small claims (called "Magesterial District Court" in PA). Pennsylvania's MDC does not require you to file an answer, but you MUST call the court and let them know you plan on appearing to defend yourself. Once you do, both you and the plaintiff will receive a letter in the mail. You have a limited time in which to do this, so it is imperative that you do so immediately, even if you plan on settling. Otherwise you'll get a default judgement against you before the hearing. On the other hand, if you are being sued in the Court of Common Pleas, then yes, you MUST file an answer (again, file an answer even if you intend on settling). Common Pleas is much more formal and you'll want to review your county's rules of civil procedure. Your summons will list the court's address and phone number. Call them. Although they will not give you legal advice, they will tell you what type of court they are and whether or not you need to file a written response.
Call Capital One directly, speak to a live representative, and ask them if they still actually OWN the account.
They seem to be selling to LVNV Funding these days ... may be a forward flow contract. It was speculated on the boards a couple of years ago that becoming a real bank would also force them to sell of their bad debt to the JDBs (in olden days, Cap1 actually acted as a JDB on occasion, buying burned out debt and offering debtors a spanking new card [with that same debt already on it as a balance, of course ... in the manner of the old Credit Store/Bank of Hoven partnership in crime]).
Actually, TSYS has a nice article on their site talking about a 5 year relationship with Capital One. TSYS - In the News - TSYS Finalizes Contract With Capital One and TSYS - In the News - TSYS Reaches Agreement in Principle with Capital One Since I've been served I have found out that: 1) Letters from Cap1 signed by Pat Crenshaw are actually from Account Solutions Group on Cap1 letterhead 2) The above is a no brainer as the phone number for both is the same 3) Account Solutions Group is on Bud Hibbs' watch list 4) Creditwrench has also found falsified documents and fake notarys when dealing with TSYS 5) Account Solutions Group no longer exists - it's now Firstsource Solutions, LLC 6) Most importantly, "National Attorney Network" is an invention of TSYS and most likely if you've been sued by one of the local lawyers and Cap1 is listed as the defendent it is a violation
How is it a violation if a local lawyer files suit in the name of CAP1? It makes no difference that TSYS or other assignee is involved and CAP1 didn't actually hire the lawyer to pursue the case. The U.S. Supreme Court has recently ruled that assignees may sue in the name of the original creditor. They didn't rule on whether or not JD buyers could do that or not. They only ruled that assignees can do that. Of course the JD buyers will ride in on the coat tails of that decision and there isn't much that defendants can do about it unless they want to take that question to the Supremes. I doubt that is going to happen any time soon.
