Sued by Capital One...need advice

[LovinMyKids]

Hi all. I received a summons on Friday from Capital One, filed by a semi-local law firm. I have no idea what this debt is for. Last payment made Oct 2006, which I thought was a balance payoff. Statute of limitations has not passed. Never received anything else from them until this summons. I plan to answer the summons, of course, denying the charges, but I wonder how likely are they (law firm) to have debt validation when we go to court? Unfortunately, I do not have any records of anything, other than a copy of the canceled (electronic) check from October 2006. (I know, big mistake) If I owe, I'll pay. Period. Do I need to request validation of the debt, discoveries, or what? Or are they required to have that in their possession in court? They attached a copy of the last alleged bill I was supposed to have received (but did not) as their Exhibit A, showing only a late fee and an overlimit fee. Thats not debt validation, is it? By the way, I do believe Capital One still owns this debt as they are listed as the Plaintiff on the complaint.
What a mess! Any input or advice would be greatly appreciated. Thanks!!!

[Seeker]

Hi all. I received a summons on Friday from Capital One, filed by a semi-local law firm. I have no idea what this debt is for. Last payment made Oct 2006, which I thought was a balance payoff. Statute of limitations has not passed. Never received anything else from them until this summons. I plan to answer the summons, of course, denying the charges, but I wonder how likely are they (law firm) to have debt validation when we go to court? Unfortunately, I do not have any records of anything, other than a copy of the canceled (electronic) check from October 2006. (I know, big mistake) If I owe, I'll pay. Period. Do I need to request validation of the debt, discoveries, or what? Or are they required to have that in their possession in court? They attached a copy of the last alleged bill I was supposed to have received (but did not) as their Exhibit A, showing only a late fee and an overlimit fee. Thats not debt validation, is it? By the way, I do believe Capital One still owns this debt as they are listed as the Plaintiff on the complaint.
What a mess! Any input or advice would be greatly appreciated. Thanks!!!

Answer the summons. Appear and find out what you supposedly owe (how much money and when it started accrueing). Make clear to them that you have not received any notices after your last payment in full on Oct 2006.

If the debt is not yours, then you should contest it. If the debt is on past late fees and past overdraft fees, then you need to show them the last bill and the payment receipt in full and ask the questions of when did you get charged for these fees and why were you not informed in writing of those fees. They should have appeared on your last bill as part of the payment in full.

You may have to pay regardless, but it's really not fair that you have not been informed of these accuring fees since your last payment. Did you move in the last year and some months?

[disneysteve]

Have you checked your credit report since Oct. 2006 and, if so, did this debt appear on your report?

[zakity]

I think I would request to see all copies of the bills they sent you.

Could you have been a victim of identity theft and these bills really aren't yours? That would be a reason that you didn't see the bills.

[CreditExpert]

get all the paperwork and take it from there. There can be several reasons why you suddenly get a summons including identity theft.

[LovinMyKids]

No, not identity theft as far as I can tell.
I think its for a small remaining balance that I was unaware of (until now) and most of the charges are late fees/overlimit fees. I guess I'll request additional info from Capital One. Has anyone ever contacted their debt recovery office and had success negotiating a settlement?

[LovinMyKids]

Just another note...this debt amount is less than $700 so if anyone is reading this (newbies) and thinks CC companies won't sue for small amounts, think again.

[clubneary]

Have you not received any statements from them since 10/06?

[disneysteve]

Have you not received any statements from them since 10/06?

That's what I was wondering. If you made that October payment and there was a remaining balance, you would have gotten a bill in November and December and so on. Did you move at the same time? Any other reason that would explain not getting the subsequent bills?

[LovinMyKids]

Not at all. The summons Exhibit A had a copy of a statement from March 07 that said the account was behind 6 payments. Never saw that. I'm in awe. If I owe the debt, I'll pay but it certainly would have been nice to know the debt existed before all these fees, etc jacked up the price. I don't know if the call to make a payment (which I assumed was the balance pay off) triggered something and they just left me in limbo or what? I'm so confused.
Javitch, Block & Rathbone ring a bell to anyone??? BAD REPUTATION so I'm scared to contact them at all.

[LovinMyKids]

No, we've lived here since 92. I just don't understand it. Glitch in the system? Our credit hasn't always been the greatest but we do pay our bills...even if they are a little late once in a while. <wink> We certainly wouldn't have just let it go.
And the discovery process scares me to death for some reason...esp having to deal with these attorneys that have a bad rep.

[peanutbutter8204]

I had the same thing happen to me for a bogus Aspire Visa Card. I have a judgment on my credit for $1000 dollars that I will be done paying in July. Anyone know how long it takes for the to remove that?

[AmbitiousSaver]

I know someone else on another message board that sort of specializes in stuff like this. Another lady was getting sued for something and somehow he cleared it up with one phone call... and he did it for free cause she was sort of in a dire situation (newborn baby and all)

ETA: I'm not sure if he can help you since the situation he cleared up was the CC sold her debt to a debt collection agency and she was being sued. I guess her CC went into default when she lost her job when she got pregnant... and it sounds like your situation is different. But anyhow, if you want his name just let me know.

I hope whatever happens for you that it gets resolved in the best possible way.

[tanmillz307]

i'm in court with capital one too, and everytime i go everyone in the court is there for them, they are the worst, they took over northfork bank and i closed my bank account lol, no more attachment to them. i am there for identity theft though, and they are just really slick with those corporate lawyers they wouldn't fill the discovery for me, i need a lawyer, its ashame they don't give us help with a lawyer for this stuff, and make us go against those corporate lawyers alone, they know what they're doing.

[aida2003]

Have you ever checked your credit history? Are you aware of the FREE annual credit reports you can request from all three bureaus? If not, go to www.annualcreditreport.com and see what they say about negative items on your reports.