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Being sued for credit card debt in Oregon, attempting debt validation, how do I go about it?
I am being sued for a four year old cc debt from Capital One by a lawyer from Collect America. The original debt was 1900 and with interest it comes to around 3900. I have not responded to the summons yet. From a newspaper article online I found this about the subject.
Challenge the collector
Jarzombek goes one step further and recommends challenging the collector to prove that the defendant owes the debt. Often, he says, the collector will not have access to the original contract or details of the debt to prove his case and any response from the defendant will cause the debt buyer to walk away from the case.
"You can appear in court by filing a written answer with one sentence: 'I deny the plaintiff's claim,'" he said. "I tell them to show me a contract, to demonstrate that they have the authority to sue."
Other sources I found about validating a debt talk about sending the debt validation demand to the collector not the court? What should i do?
Thanks for the reply - Collect America is a franchise that employs lawyers, the letter was sent by a lawyer in my state.
I think if I send the debt validation response and they don't have access to the original contract ect then they will drop the suit...
Also I am wondering if the summons lists Capital One as the plaintiff then that means they have'nt sold the debt they have just employed these collectors to recover it.
Squeezie, I agree, this is my debt and I would like to take care of it. At one point 6 months ago they offered to take 1000 and consider it payed but I didnt have the money. I think I can borrow the full 1900 from a relative and pay it off but all that interest I can't come up with. I'm unsure if Capital One will even talk to me since a lawyers is handling it and a lawsuit is pending.
Wartz, SOL in OR is 6 years
Patrick, If Capital One is listed as the plaintiff do they still own the debt? Should i talk to them or Collect America? In the quote they said collectors often handle large porfolios of debts and dont have access to validation documents. My thought was get them to back down then propose a one time settlement in full payment at 50% or so.
I generally agree with everyone else. If I were in your boots, I would either contact Capital one directly, if they will talk to you at this point, and attempt to offer a payment plan. If they won't talk, then you need to find out from Collect America whether they are negotiable. You cannot escape this debt, as they won't let you, no matter what legal (or illegal and unethical) shenanigans you try.
With this on the books, your credit is in the toilet. Try to salvage what you can. You might need an attorney if they insist on taking you to court.
First off all the Lawyer is acting as a debt collector so remind
them they must abide by the laws of FDCRA
So you go to Court and you DENY the Plaintiff's claims,
because you dispute the amount and the validity of the debt,
you have not been able to establish the Statute of Limitations
on the debt, nor has the Collection Agency provided you
any proof that you owe THEM the money, did they purchase
the debt? Were they assigned the debt, the did not show
or explain how they came up with what they say you owe
nor have they provided complete payment history or statements.
Contact a Consumer Law Lawyer right away, you only
have a certain amount of time and then they win by default
a lawyer can find all the violations (were you even served
also read thru creditinfocenter but you need an attorney
Also look on buddhibbs com and see if Collect America
is listed and if they are NOT a law firm that is an automatic
1,000.00 fine that is why you need a Consumer Law Attorney
Your best bet is to pay what you owe. If you show good faith and contact Capital One directly, they may be willing to forgive some of the accumulated interest in return for full payment in cash. You can try the various tricks and scams advertised on the internet and promoted here and there, but in the end... you agreed to pay your card and welched.... Evidently, you haven't made any effort over the last 4 years to resolve the problem, or challenge the original charge, so most of your rights are gone..... don't be a deadbeat.... pay off the debt. Your credit rating has already taken a hit. Unless your are the victim of a clerical error, it will only get worse.., so do the honest thing and pay up.by squeezie_1999 - 7 years ago
In my state, California, the statute of limitations for filing suit on an open book account debt is four years from the last payment on the account. It will be different in other states. Check my link to find out about yours.
Source(s)by wartz - 7 years ago
if in fact you legitimately owe the debt, (which you know for a fact), playing these games will slow down the ultimate judgement, however won't end it.
Collect America knows all the tricks, and if they have purchased this debt from Capital One, they have the original terms of the credit agreement on file.
The legal line on this is as follows:
1. Get a judgement in Oregon.
2. Get a judgement in your state, based upon the Oregon judgement.
(Judgements will include an amount for both legal fees and court costs, so your attempt to slow them down in the end is going to actually increase the final judgement).
Look at this from a different angle:
All Collect America wants is to maximize the profit on the debt that they bought from Capital One. They probably purchased your debt for less than 50% of the total. Negiotiate with them to pay part of the debt, allow them to make a profit, and have them write of the balance.
You did not provide enough information to suggest anything credible. You should go to www.creditboards.com and read their forum. There is a lot of relevant information there.
In regards with any ethical issues with non payment of your debts to banks. When bank issued you a credit card their interest rate included insurance fee (higher APR) for a situation when you refuse to pay your debt. Therefore you have already paid your penalty for a possible nonpayment and thus waved any moral obligation to pay the balance to the bank. Right now it is solely legal/contractual issue and if you find a way to escape the payments - good for you.
You can send a certified, return receipt letter to Collect America requesting validation. Give them 30 days to respond.
However, if they are suing, they may not have to provide anything till your court date. Since you know this is your debt, you are probably going to lose. You should have found a way to come up with the $1,000 when they offered the settlement..