Hello I'm being sued by Capital One in Ohio for a Credit Card debt I defaulted on because they kept racking up late fees even when I made my payments on time. I only had a $300 credit Limit. Now they claim I owe over $1,500 in debt. Twice in 2007 I was contacted by the lawfirm Weltman, Weinburg, & Reis who is now sueing me. Both times I disputed the validity of this debt. But never got a response back. The attorneys in the area told me this will take the case but it would cost me $1,000's which they want in advance. I only make $800 - $900 per month and most of my money goes to pay rent, utilies, food and other living expenses. I can't afford an attorney. I'm going to fight this lawsuit but need help in filing an answer and what other motions can be filed in this case. Please someone help me... Summons: 1. The defendent applied for a credit card account with the plaintiff. 2. By use of the account, the defendent became bound by the terms in the agreement. Copies of the statement and card agreement are attached as exhibits A & B. 3. The Plantiff has exercised it's rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the Plaintiff. 4. The amount now due and owing is $XXXX.XX. 5. Although demand has been made upon the defendant to liquidate the balance due and owing, the Defendant failed to do so. Wherefore, the plaintiff prays for judgement against the defendant in the principal sum of $XXXX.XX together with accured interest of $XXX.XX through December 11, 2007 plus interest thereafter on the principal balance at the rate of 24.990% per annum and costs. Exhibit A Just shows my last statement I received Exhibit B A generic Card holdier agreement Please any assistance would be grantful. Thanks in advance! Mary
Do you have proof of your validation requests (e.g. copies of the letters and the CMRRR post cards)? If so you might be able to make a counter claim that they violated the FDCPA by continuing collection actions without validating the debt. If you can't afford an attorney or find one to do it pro bono, you'd probably have to start doing some homework so you could make that claim and defend it yourself. Then, again, if the attorneys are working for the OC, I don't know if that would apply.
It would probably only serve to muddy the waters and W,W, & R are not the sharpest knives in the draw. I once had them file an Answer to a counter wherein the stated that no cause of action could be had against Discover insofar as 1681s-2 was inapplicable. Huh? In any event, it would be a separate action. You need to keep this simple inasmuch as the Municipal Court system in Ohio is very overloaded. A boilerplate Answer would suffice. Plain denials or lack of information. Enigma will probably help you out with the forms.
here is what I did. I used the "Pleading" template in Word. Filled out all the information and under the case number I put ANSWER. MAke your complaints simple(ie. they have not VOD). Any violation they have commited, place it on the pleading document. Also, make copies of all the letters you have sent to WW& R. If you don't live near where the summons was filed, they will probably set up pre-trial telephone conference. DO NOT SIT BACK ON THIS. WW & R is banking that you will not doing anything, thus they get the default and you lose. Remember, you can make them prove to the court they have done everything by the book!
Yes, I made copies of the letters I sent plus I still have their letters. However, I didn't sent it certified mail. Nothing in their letter said to mail it certified to them. I did notice they screwed up my address on the compliant as it doesn't have the correct Apt number on it and Exhibit B card holdiers agreement is incomplete: The last paragraph reads: If we cancel your account or suspend credit privileges. we may at any time, with or without cause and with or without advance notice, terminate this
