Just received a small claims notice that Capital One is suing me. Original credit balance was $500, claim is for $1310 plus $40 for court costs. Any advice?
Don't ignore it. You'll have to answer the summons, otherwise they may get a default judgment against you, which you don't want to deal with.
If you defaulted more than 2 years ago, there is a legal argument to be made that the Virginia statute of limitations (and they use Virginia law in their agreements, regardless of where you live) is only 2 years. 3 years is a gimme, but an arcane case can be made for 2 years. This is from an online manual for Virginia and indicates that the cc debt SOL in VA may be 2 years rather than 3: triple-w dot lsnv dot org/Introduction_GDC_Manual dot htm
The debt is not quite 2 years old from what I can tell on the credit reports. The court date is 9/9. I received a letter from the lawyer today offering a "agreement to Judgement" that I can opt to sign and then call for a payment plan/settlement. Here is the thing. The original debt was only $500 with all their fees it is $1350. I would like to offer a settlement closer to the original debt but feel that any offer is an admission of ownership. Not quite sure how I should proceed.
More info: after doing some research on Capital One lawsuits I found that some third party collectors are suing in the name of Capital One when Cap One no longer owns the debt. This could possible be fraud? So I called Cap One, put in my credit card number and was forward to a debt collection company. They informed me the debt had been "placed" with the law firm. I asked if Capital One still owns the debt and she said It has been place with "law firm" Capital One no longer has the debt. Not sure if this means it's been sold and no longer belongs to Capital One or if it means Cap One still owns it but is pursing the lawsuit through the law firm?? Went to the website of the law firm and found this: # State of the art collection facilities and systems network # Strategies for pre- and post- charge-off accounts This account has been charged off. anyone have any ideas on what is happening? I have sent a letter asking for original contract and itemized statement of charges.
You mean to tell me that you were never served, never received any complaint or any other documents whatever from the court? That rarely happens. Defendants must be served with summons and complaint or the court has no jurisdiction.
You know that state laws vary. Some places you can serve someone by publishing a notice in the paper.
Quite so but usually only after you have shown proof to the court that you have done all you can to find and serve the defendant through more normal means and get permission from the court to do so. In some places you must not only serve the defendant but publish it as well. If that is true publication by posting it on a bulletin board in the court house is considered sufficient. Yes, state laws do vary. No question about that.
As I mentioned in my previous post the only thing I got was the "Statement of Small Claim and Notice of Trial" this was from the court. there are no other documents with it. I got a follow up letter from the letter stating if I admit the debt is mine and sign the judgment we wouldn't have to go to court.
OH! How considerate of them! That's almost unbelievable they would be so nice as to be willing to save you from having to go to court. With good friends like that who needs enemies? I'll bet they will even be so nice as to go to your bank and get all the money out of your account and save you the trouble of writing them a check. I'll also bet they will be so nice to you as to save you the time and trouble of keeping up with the necessity of sending them regular payments each time you get a paycheck by having your employer automatically send them 25% of each paycheck. Just think of all the nice favors they are willing and eager to do for you. LOL Yeah, I know that's not the least bit funny.
