Being Sued by Attorney for Cap one

[dystopia]

Hello all, I've been reading this forum with great interest and reading as many posts as I can. I'm hoping someone might be kind enough to point me in the right direction.

I've had a charged off cap1 credit card for about 1.5 year now. An attorney representing Cap1 brought the lawsuit.

My instinct is to go the VOD route, agree to pay if they can validate the debt. I have about 6 weeks before the case and I have not been served nor have I communicated in any way with cap1 or the attorney.

Should I settle or do I have a decent shot here?

If I can't win I'd at least like to pay 50% instead of the whole interest + his court costs, that could be painful. I'd like to at least be able to dispute the amount.

Any advice?

[dystopia]

Right now I'm wondering, should I send him a VOD or address the lawsuit since I haven't been served yet?

I want to make him prove the debt exists without hanging myself but I don't know whether to address him or the court.

I'm just trying to avoid doing something stupid and tying my hands later, any input is appreciated.

[Chinese Panda]

Originally Posted by dystopia

Hello all, I've been reading this forum with great interest and reading as many posts as I can. I'm hoping someone might be kind enough to point me in the right direction.

I've had a charged off cap1 credit card for about 1.5 year now. An attorney representing Cap1 brought the lawsuit.

My instinct is to go the VOD route, agree to pay if they can validate the debt. I have about 6 weeks before the case and I have not been served nor have I communicated in any way with cap1 or the attorney.

Should I settle or do I have a decent shot here?

If I can't win I'd at least like to pay 50% instead of the whole interest + his court costs, that could be painful. I'd like to at least be able to dispute the amount.

Any advice?

Questions

1. Do you have a copy of the original contract that you signed?
2. What evidence do you have that the debt was actually charged off?
3. What evidence do you have that the attorney licensed in your state?
4. What evidence do you have that the attorney actually represents Cap1?
5. How do you know you have 6 weeks what you say you haven't even been served?

[dystopia]

Originally Posted by Chinese Panda

Questions

1. Do you have a copy of the original contract that you signed?
2. What evidence do you have that the debt was actually charged off?
3. What evidence do you have that the attorney licensed in your state?
4. What evidence do you have that the attorney actually represents Cap1?
5. How do you know you have 6 weeks what you say you haven't even been served?

1. I don't have a copy and I'm not certain that I signed anything. The account was opened 4 or 5 years ago.
2. The bank sent me notices that it was going to be charged off for about 6 months and then I started getting collection notices. Also it says it on my credit report so I assume it's true.
3. The attorney is a local attorney, I saw his law firm's address in the case information online. His name is the same as the name of the firm so I'm assuming he's licensed here.
4. The case info says he is attorney for the plaintiff, the plaintiff is listed as cap1
5. Actually, the case was filed only about a week ago I have about a month and a half until the trial date listed in the case information

[dystopia]

I actually found out about the case yesterday when I got some sales letter from a debt settlement operation offering to help me settle the case.

Then I looked it up and sure enough there it was.

[BOBT12]

Originally Posted by dystopia

I actually found out about the case yesterday when I got some sales letter from a debt settlement operation offering to help me settle the case.

Then I looked it up and sure enough there it was.

You should contact the courthouse ASAP. If there is a suit filed you must get a Notice to Defend, then you should have a certain amount of time to respond (20-30 days, check court rules), ask the courthouse about this. However, the Debt Collector (DC) often only give "sewer service" and try to get an easy Default Judgment against you. Then they may attempt to garnish your wages, and rob your bank account.

[masterduke]

Originally Posted by BOBT12

You should contact the courthouse ASAP. If there is a suit filed you must get a Notice to Defend, then you should have a certain amount of time to respond (20-30 days, check court rules), ask the courthouse about this. However, the Debt Collector (DC) often only give "sewer service" and try to get an easy Default Judgment against you. Then they may attempt to garnish your wages, and rob your bank account.

Remove your $$ from the bank now. Only keep an overdraft amount in there. I would defintely look into suing this clown because it looks like he is doing the sewer service trick to get his rotten default judgement verdict from his crime partner the judge. I would also file a complaint with the state bar association(not that will mean anything but it least it starts to build your case). Actualy you should maybe talk to a consumer advocate attorney regarding this issue. I think you have good grounds on which to hang this creep. Turn the tables on them for a change(since you had mentioned that you were thinking of paying this 'debt, why not use the money and hire an attorney to go after him with). I would bet your not the first victim he has sewer serviced before! Why not call your local paper and see if any reporters would be interested in hearing your story of; Lack of due Process, or Unjust Enrichment since you did not even know you were being sued until another 3rd party(debt conslidation co.) made you aware that this was taking place. A debt attorney in Detroit got busted for this exact same thing(and pulling this stunt over and over for 17 years) and even though he got off easy, house arrest, probation, barred from practicing for a couple of years and a fine, he originaly faced 25 years and a really big fine but got it whittled down. The court was freaked out because they were afraid that they would have to re-visit ALL of the cases this chump had brung all those years and overturn all of the Default/ Summary Judgements that had been used to screw all sorts of people(I think they swept it all back under the rug, unfortunately, as this case alone could have set a real prescident over the debt attorney 3rd party debt collector scam that the courts live for to provide a major source of revenue). That debt attorneys last name was Katz and this case took place in Oak Park, Mi. County of Wayne or Oakland if you want to try to look it up. Hope this helps

[Livefire]

Oak Park is located in Oakland County MI. The court is probably the 6th Circuit, if the case was heard at that level.

[mrg]

Make certain that the "attorney" actually does represent Capital One.

They WILL lie and bring a suit purporting to represent someone they are not.

[Chinese Panda]

Originally Posted by dystopia

2. The bank sent me notices that it was going to be charged off for about 6 months and then I started getting collection notices. Also it says it on my credit report so I assume it's true.

When the IRS sends you a notice of levy, do you assume an agent has made an assessment? Personally, I like to actually see the Assessment Certificate, I also like to see the 1099 from the bank. But hey, I'm just funny that way! Besides, if its charged off, I'd like to see how much they collected to make sure they aren't try to over-enrich themselves by asking for the full amount. But hey, that's just me.