Cap One - Progression of a Suit

Hey Everyone,

I filed against Capital One in late July. I've been working with Christine over at Bayhouse - and she also has CreditCourt.

We've posting all the materials from my suit over on CreditCourt. We've got the pleadings, faxes, even audio files of voice messages.

The url is:
http://forum.creditcourt.com/cgi-bin/discus/discus.pl

You can view the progression of a lawsuit (and all the silliness that is going along with it).

I also plan to put the lawsuit I have going with my student loan as well.

I know MANY are reading that forum, including lawyers, CA's, OC's and more. Hopefully this will help all of us.

Mommy2cats

 

The short story is that it is a fully paid student loan that was re-aged to be on my report SIX years too long! If you do a search on my user name - you'll see some recent posts on it.

I am working on getting it up on Credit Court. For example, they're asking for Sanctions for my "harrassment" for daring to file against them. Now, gee, aren't I HORRIBLE for wanting my report corrected because it's been on there six years too long? I should be horse-whipped.

By the way - it's not just MY stuff that is/or will be up on Credit Court. Christine's wish for that site is to help EVERYONE who is dealing with court cases.

On Bayhouse she's posted the things that CA's have done to many people. And yes, it's helped - because they don't like the publicity.... Nothing is EVER posted that isn't true.

Mommy2cats

 

Thanks! I believe she is also trying to get a suit together to address THAT issue - the fact that Cap One doesn't report the credit limit. This hurts peoples' FICO scores because it makes it appear that they're maxxing out their card.

I know Capital One can be good for many people - but in other matters they are very BAD.

Mommy2cats

 

Yes, they've been served. I did start with all the normal stuff, validation, intent to sue, etc., etc. I then sued them in Small Claims Court and they've moved it to Civil. They are trying to dismiss due to lack of jurisdiction, and filed a motion to hit me with sanctions "for harrassment".

I hope to have most of it up within the next day or two. Thanks to SassyAZ, I'm working on my Motion to Deny.

Mommy2cats

 

Thanks Sirrowan!

So they did that to you too? Was it Arrow? Since they don't identify themselves as a debt collector, the mini-miranda, etc. - I fully believe that is a violation. And since CAP ONE is the one transferring the call - they are liable for their collector's actions.

Tell me more about this if you will. I am SURE they do it to others. As much as I admit I want MY stuff taken care of and that is a priority - it's not all about me. The point of all this is to ALSO keep it from happening to others. To go after the OC's and CA's for illegal things will hopefully stop those activities.

Mommy2cats

 

I'm sure it happens often. First, because in many small claims courts - lawyers are not allowed. No motions, no appeal etc.,

Therefore the only way for an OC or CA to have a lawyer on the case is to move it to Civil.

Mommy2cats

 

S313--

You asked me in private email if this happens a lot, and if so, would you need a lawyer. Not that I don't want to answer in private email - but you've raised a point that other CN'ers might want/need to know.

I would think with large OC's that would often be the case. You see, in Small Claims court, it's very informal. There are no attorneys (in most states) allowed. They can't file motions, and there are no appeals.

Many DO sue successfully in SC - or at least end up settling before Court. But a large company (like Cap One) IS likely to get a lawyer.

You can do a search for a Consumer Attorrney in your state - and hopefully there are a few. Many of them will do in on contingency (not all). They might advise you to file in Federal if your case warrants it. If you have a strong enough case - then I'd tell you to go for it.

You'd at least have some time - because when you file in SC - you generally have the filing time, time for the Court to do a schedule, etc. Plus if they move to Cilvil - that takes a bit of time.

I guess it all depends on what you've got against them?

Mommy2cats

 

And if you want statistics - I filed 3 suits. Two have moved to Civil (the Cap One and the Student Loan). The other was not an OC, but a CA and they settled - but did NOT move to Civil. (sorry, cannot tell any details).

May others can share their experiences on this issue? How many claims filed in SC got moved to Civil (or even bumped to Federal - and did you hire an attorney?)

Mommy2cats