Being Sued by Attorney for Cap one

[valahian]

gldskr,

From what I am aware of, the state district court (chancery division in my state- Illinois) has jurisdiction over debts disputes. I'm not sure how you can challenge jurisdiction in this case (proper service, debt big enough or parties residents of different states?)? I am assuming you challenge the residency reqment. of DC? Please post if any advice, thanks, v.

[valahian]

dble post sorry

[dystopia]

Originally Posted by gldskr

The new and improved FDCPA has declared that a Statement of Account is sufficient for a VOD, therefore, a jurisdictional challenge would be the most fruitful course of action.

gldskr

This is what I was referring to earlier. Why are there so many different opinions?

What about attacking the standing of the attorney?

As in who the hell is he to be suing me when he doesn't even work for them?

I'm fairly certain of this now because I remember getting collection letters from 3 or 4 collection agencies before they passed it to this chump.

I think going after him is the only way. I feel like taking his head off!

I have a feeling he is not going to give me a decent settlement because he knows he can get the judgement.

If I'm going to fight I need something with some actual teeth, this VOD thing seems screwed.

I'll have some time to do some research this weekend.

[dystopia]

If Juridiction doesn't matter and VOD doesn't work and I can't question his standing well that doesnt' leave a whole lot.

[Chinese Panda]

Originally Posted by dystopia

This is what I was referring to earlier. Why are there so many different opinions?

What about attacking the standing of the attorney?

As in who the hell is he to be suing me when he doesn't even work for them?

I'm fairly certain of this now because I remember getting collection letters from 3 or 4 collection agencies before they passed it to this chump.

I think going after him is the only way. I feel like taking his head off!

I have a feeling he is not going to give me a decent settlement because he knows he can get the judgement.

If I'm going to fight I need something with some actual teeth, this VOD thing seems screwed.

I'll have some time to do some research this weekend.

There are many different opinions because there are many different solutions. If somebody asked you to give them a mathematical formula that equals 2 there are multiple solutions...

a. 1 + 1 = 2;
b. 3 - 1 = 2;
c. 1 * 2 = 2;
d. 10/5 = 2;
e. Sqrt(4) = 2;

Each is equally valid.

Wanna attack the standing of the attorney, that's fine. Ask to see his contract, his constitutional oath of office and make sure he actually IS a member of the bar. That does not stop you from doing all of the other stuff! IF Capital One is actually bringing the suit, which I doubt, then he probably does have his **** together.

Do you have those letters from the other debt collectors? How they can Capital One sue you now, when according to "Moe and Joes Debt Collector Service", it was "assigned" to the from Capital One. Seems to me you really SHOULD be able to countersue, EVERY debt collector who has claimed the debt but not rescinded their claim, unless of course Capital One would like to provide those "assignee" contracts. Would that work? I have no idea, theories are like *******s, everybody has one!

[BOBT12]

Originally Posted by dystopia

If Juridiction doesn't matter and VOD doesn't work and I can't question his standing well that doesnt' leave a whole lot.

It will often come down to the question of whether you owe (agreed), and benefited (got stuff, like a car, electronics, etc.) from the loan in question. The court will likely allow the DC a chance to ask (Request for Admission, etc.) you these questions.

In any event, you must respond to the complaint, or lose by default. Did you pay off the loan, and the payments were not properly credited? Was there an agreement to pay some lesser amount? Did you actually receive the loan?

Of course, you may want to check the statute of limitations.

[valahian]

In which way you want to defend yourself is up to you since you are the one doing it. Or you can hire an "attorn"ey.

jurisdiction with case law:
http://www.buildfreedom.com/tl/pct05.shtml

[valahian]

Bobt12 I have a question, if you admit you "benefited" from your "account" does that mean that the debt is owed; they validated the debt you owe by your testimony that you benefited?

[dystopia]

The limit on the card was 4500 and I didn't even use all of it. I'm being sued for 6500.

Like I said you know I don't mind paying what I actually owe if I owe it.

If they can just use any old computer printout that's crazy, they can make up whatever they want.

I don't want to fight this guy if I'm going to end up owing him legal expenses. I'm just going to make it 10x worse for myself.

I wish I had settled this before it got charged off, I listend to some idiot who said it's cheaper to settle after it gets charged off.

It is NOT easier, my settlement with Chase last year I settled for 50% of the debt right over the phone and it's over and done with.

I think 90% of the people are talking out of their asses.

What am I going to do pay a lawyer and then end up losing and paying his legal fees too? That's nuts.

[BOBT12]

Originally Posted by valahian

Bobt12 I have a question, if you admit you "benefited" from your "account" does that mean that the debt is owed; they validated the debt you owe by your testimony that you benefited?

Yes, this is the situation that seems to be evolving.