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terrirose56
06-27-2009, 04:39 AM
I am being taken to court on Monday for a default on my credit card. Capital One turned over my account to a collection agency. The collection agency wanted $2200 in 2 days or they would put a lien on my home or take legal action against me. Of course, I said that I did not have that kind of money on short notice. He said to get a loan or borrow the money. This was in June. I obtained the services of a Debt Resolution Co. The collection agency was notified to work with them. The next thing I was receiving phone calls from a attorneys office who now had my account. They decided in October to give me a summons for court. They are charging me the balance of the debt which is on my Capital One statement plus attorney fees and 25% interest.
Now this attorney is using Capital One as the plaintiff. Do you think they sold my account to them? Is there anyway of finding out? I have a counterclaim against the plaintiff as well for the harressment of threatening antics. I did not want to go for bankruptcy because I want to pay my debt but pay it in a reasonable and fair matter. Now my husband is laid off and the hardship is even more harder.

nascar
06-27-2009, 05:29 AM
Capital One diverted a bunch of their bailout money into its litigation account. They are approving litigation much sooner and on much lower balances than in the past.

Post judgment recovery is a bit more difficult in Delaware than in some other states. Depending upon your situation, you may be exempt. With that in mind, don't feel like you have to agree to some sort of payment arrangement if you get a judgment against you. Make Capital One go back to court to do it.

FlaLawyer
06-27-2009, 07:13 AM
What do you mean by Debt Resolution Co.?

jrnault78
07-12-2009, 11:48 PM
I got something from this company who calls themselves a law firm. I am being sued with capital ones name on it yet in correspondence they identify themselves as a debt collector. Am I really being sued by capital one?

turkeytale
07-25-2009, 07:40 AM
check out thread involving zwicker & Assoc./amex may help you alot

bevj2
07-30-2009, 07:37 PM
I am in the same situation....Cap1 is suing me via a "local" law firm, and at the bottom of the complaint is a statement "This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose". From what I understand in reading many posts, Cap1 does NOT sell their accounts. They utilize the services of TSYS, better known as National Attorney Network, to "farm" the accounts out to attorney offices, who then sue on behalf of Cap1. I have called Cap1, and my call is immediately transferred to TSYS, and when I asked them about the account, they told me the account wasn't sold, it was just "referred" to them for collection. They say they can't give me any information about the account, that I have to contact the attorney's office. Unfortunately, it seems that all of this is legal. :( Sigh.....