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corawood · Jan 12, 2008, 08:37 PM

I am being sued by Capital One bank because I defaulted on a credit card. I have received intermittant letters from different collection agencies regarding this account. I didn't know anything about validation of debt. Anyway, my husband got a call from a collection agency saying they were calling on behalf of Capital One bank. They said we owed 1200.00 but if we paid today they would settle for 800.00, my husband basically said he didn't know what card they were talking about and he would just pay over the phone. They said if I didn't contact them by the end of the week they would sue. I didn't believe they would but they did. I need to answer the court by Jan. 22. Can I also send a letter to company to validate the debt? Or is that too late?

twinkiedooter · Jan 12, 2008, 09:02 PM

You need to send that letter to the company as soon as possible. You also need to file in your answer to the court papers the following phrase "Denied. Strict proof demanded." This will force them to give you all the information regarding the debt.

You also should pull a copy of your credit report. This will tell you if in fact you have any outstanding debt and see just how much and to who you actually owe. Never pay anything over the phone to anybody like that.

Also, demand that the company who is calling you send all of their demands to you in writing and hang up.

JudyKayTee · Jan 13, 2008, 06:40 AM

You also should pull a copy of your credit report. This will tell you if in fact you have any outstanding debt and see just how much and to who you actually owe. Never pay anything over the phone to anybody like that.

The debt will only show up on your credit report if it's been reported to the credit bureaus - I have seen debts not reported, suddenly in collection.

prestonlewis · May 20, 2008, 05:05 PM

Collection agencies always threaten to sue but it costs thousands to hire a lawyer and it's uncertain to them that they can collect even if they win. Intimidation, threats, and fear is what they count on to get money. Hiring lawyers to sue you after offering to settle for $800 is ridiculous since it would cost them a minimum of $3,000 just to hire the lawyer, not including court filings, etc.

Collection agencies are also known to send you a "summons" pretending to be an official document when it isn't. Being served with a lawsuit is done in person with court documents, not attorney documents. If you were "served" by mail or with any documents from an attorney, they it's not a real lawsuit. Lawsuits are served written on state approved court documents listing the court, it's address, phone number, clerk's name, clerk's stamp, case number, etc.

If actually sued, one thing you would want to do is force the attorney suing you to show proof that he/she has the authority from the lender to sue on their behalf. Often, they do not have proof that they are authorized and the case can be dismissed if you wait until the day of court. If they can't demonstrate the debtor has specifically hired them to sue you in this particular case, the case will be dismissed (you may have to ask) since the case is faulty. This some legal technique is often used by renters if sued by a landlord. Often it's in small claims court and the person representing the landlord is a manager. If they don't have specific paperwork, notarized, documenting the manager's authorization to sue on the landlords behalf, the suit is dismissed since the manager has no right to sue you. Only the landlord. Same situation with a credit card lawsuit or any debt suit. Whoever comes to court must show proof (notarized) that they are authorized to sue on behalf of the lender.

JudyKayTee · May 20, 2008, 05:17 PM

Originally Posted by prestonlewis

Collection agencies always threaten to sue but it costs thousands to hire a lawyer and it's uncertain to them that they can collect even if they win. Intimidation, threats, and fear is what they count on to get money. Hiring lawyers to sue you after offering to settle for $800 is ridiculous since it would cost them a minimum of $3,000 just to hire the lawyer, not including court filings, etc.

Collection agencies are also known to send you a "summons" pretending to be an official document when it isn't. Being served with a lawsuit is done in person with court documents, not attorney documents. If you were "served" by mail or with any documents from an attorney, they it's not a real lawsuit. Lawsuits are served written on state approved court documents listing the court, it's address, phone number, clerk's name, clerk's stamp, case number, etc.

If actually sued, one thing you would want to do is force the attorney suing you to show proof that he/she has the authority from the lender to sue on their behalf. Often, they do not have proof that they are authorized and the case can be dismissed if you wait until the day of court. If they can't demonstrate the debtor has specifically hired them to sue you in this particular case, the case will be dismissed (you may have to ask) since the case is faulty. This some legal technique is often used by renters if sued by a landlord. Often it's in small claims court and the person representing the landlord is a manager. If they don't have specific paperwork, notarized, documenting the manager's authorization to sue on the landlords behalf, the suit is dismissed since the manager has no right to sue you. Only the landlord. Same situation with a credit card lawsuit or any debt suit. Whoever comes to court must show proof (notarized) that they are authorized to sue on behalf of the lender.

I answered your other post concerning service of the Summons - I own a process service company. You are incorrect, at least where I work. Legal service can be done in one of 3 ways: nail and mail, substitute, personal. The person served is not handed "Court documents." In fact, I don't know what you mean by "Court documents." The Defendant/debtor is served papers prepared by the Attorney for the creditor and filed with the Court - or, in some jurisdictions, able to be filed with the Court.

More and more jurisdictions require that the case be indexed and filed before service but this is not a requirement in all jurisdictions.

My advice would be not to wait until the day of Court to do anything - answer the paperwork now before your time to do so expires. Jumping up and demanding to see authorization can very well explode in your face.

PJAMOK · May 21, 2008, 03:24 PM

Original poster, you haven't said what state you live in or how old the debt is. Depending, there may be no legal recourse for them to collect on the debt. Find out what the laws are in your state and don't just pay because they say so. Find out if there is any legal standing, if they actually will take you to court, and whether it's worth it for you to pay. Remember, the instant you agree to make payment, they can hit your credit report with that date and it stays on for seven years after. If they have no legal ground to recover the debt, you're are really better off not paying on it.

Catwoman43 · Feb 4, 2010, 07:22 AM

My question is... I just recently got notice from the Sheriff office in Pennsylvania that I am being sue from Capitol One. What happen yesterday I just got a sheriff notice on my front door stating that they stopped by my home to serve me with paperwork. When I called the Sheriff office they informed me that its from Capitol One credit card and that I am the only one who can pick up the papers that I am being sued. Now 2 years ago I informed the Capitol Credit Card to close my account because I couldn't catch up on my monthly payment since they kept charging me late fees and over the limited fee of 39.95 each. Well the closed my credit card account and locked me out of my acount on their website. But came to fine out that even though they closed my account they kept charging me late fee of $39.95 and over the limit fees of $39.95 and they are stating that I owe them now $3100.00 instead of $2000.00. So my questions to you is this worth fighting for and hiring a lawyer? Or just contacting Capitol Credit Card attorney who is sueing me to make arrange for payments?

pastamamma · Mar 8, 2011, 12:36 PM

I actually have a question for you. I received a collection letter from a debt collector and then was served papers to go to court. I hired an attorney and he called the attorney representing the collection agency because he told me at that point I already lost the suit. He had me agree to pay 5000.00 on an account that never had a limit over 4000.00 but they were demanding 11000.00. Now I have another collection letter and while out of state was told that a server had come to my apartment building. This latest one's last activity was over 10 years ago. GE Capital won't give me written proof that my last payment was October 2000, but that is what they have on record, they said I can request in writing the proof but all forums say they won't comply because it is a courtesy. What can I do, I don't have my credit reports showing any of my old charged off accounts.

AK lawyer · Mar 8, 2011, 01:48 PM

Originally Posted by Pastamamma

... This latest one's last activity was over 10 years ago. GE Capital won't give me written proof that my last payment was October 2000, but that is what they have on record, they said I can request in writing the proof but all forums say they won't comply because it is a courtesy. What can I do, I don't have my credit reports showing any of my old charged off accounts.

Mamma, please start a new thread even if your question is similar to one in an old thread.

If your last payment was 10 years ago, file an answer saying that the action is barred by the statute of limitations. I don't know what state you are in, but most SOLs are much less than 10 years. This will force them to prove otherwise.

Whether the account is charged off or not doesn't matter as far as a lawsuit is concerned. It's simply an accounting practice, but doesn't bar suit against you.

pastamamma · Mar 9, 2011, 10:30 AM

Thank you I live in Rhode Island it's 10 years here for the SOL. How do I prove that my last payment was over 10 years ago? Or is it up to them to prove that it was less than 10 years ago?

AK lawyer · Mar 9, 2011, 11:20 AM

Originally Posted by pastamamma

Thank you I live in Rhode Island it's 10 years here for the SOL. ...

Wow. And it's 15 years if they claim a written contract.

Originally Posted by pastamamma

... or is it up to them to prove that it was less than 10 years ago?

Yes, probably. Plead SOL and they need to put up or shut up. And you can demand discovery; it's not just a courtesy.

pastamamma · Mar 18, 2011, 08:18 AM

Thank you so much. This is so scary for me having never been in a courtroom in my life. By the way when I spoke to GE they told me that the account was sold not turned over to the collection agency and the man I spoke to said he didn't believe that any original contracts were turned over at that time. Does that mean they do not have authorization to collect on behalf of my original debt?