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Cap. One charged off Debt now being sued by DC...Novice Help

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cobra2411:
I had a similar situation with Cap1. They were the OC and they hired an attorney to collect. I won the first round when they didn't show up in small claims. They won the second round when I spaced on the court date. It was court arbitration, but when I didn't show they had a simple trial.

Anyway, read up on the arb section. They have a clause in the contract listing 3 arbiters, JAMS included, none of them are court arb. Read the arb section and initiate a case with JAMS. Per their contract they need to move from court to JAMS.

Contacting the attorney can be dangerous on the phone and they will try everything they can to ferret out information from you that they can use against you. IF you still want to do it over the phone I would ask if they would be open to settle and give very little to no information about yourself. Don't acknowledge the account, don't acknowledge the amount, etc. Just stick to the point and when they deviate just say something like "Since this is in open litigation I would prefer not to talk about this at this time." It's a simple call, "do you want to settle and how much".

I'm not an attorney but I can't see answering the complaint as running up the bill. Don't let the 30 days expire or they'll move for a default judgement.

kickinanscreamin:
I think the paralegal's advice about not filing an answer is bad advice.  If you do not file an answer, you will lose for certain.  Get busy studying and get the format for the answer and prepare one. 

Look at filing a MTC arbitration with JAMS. 

JDBStick:

--- Quote from: kickinanscreamin on July 10, 2012   10:31:17 PM ---I think the paralegal's advice about not filing an answer is bad advice.  If you do not file an answer, you will lose for certain.  Get busy studying and get the format for the answer and prepare one. 

Look at filing a MTC arbitration with JAMS.

--- End quote ---

Do this, and make sure you get it on time. File the MTC immediately, and get a hearing set on it. For 2K, they will probably drag their feet and try to settle with you.

If they have already stated claim is subject to mandatory arbitration, file with JAMS now, and include that you have done so in your answer. Make the judges job easy, play your cards by the book and you might get it dismissed.

I would stop talking to the paralegal, do lots of reading, and prepare my answer. Don't miss the deadline.

Flyingifr:

--- Quote from: benmo on July 10, 2012   08:37:38 PM ---The State is Oregon and I have thirty days to answer. 

Spoke to a para legal and they told me to contact DC and ask for an accounting of how they determined the dollar amount of the suit, left voice messages and emails.  No response yet.  Was this wrong?
--- End quote ---

Do this and Cap1 is guaranteed to get a Default Judgment. FILE AN ANSWER and DENY EVERYTHING.


--- Quote ---The para legal also suggested that I write a letter telling them of my assets to show that I am judgement proof.
She said it was useless to file an answer that it would only increase the cost of judgement (that they were sure to get) due to all the additional legal fees and court costs.  Also said to contact Capital One and ask them if they sold or transferred the debt.  Because if they sold or transferred the Plaintiff should not be Cone....thought that they probably assigned it and that the DC is acting as their attorney.  This is also confusing.  She gave a lot of advice without hiring but don't know if she is right.
--- End quote ---

This is why she should stay a paralegal and stop trying to impersonate an intelligent person. If you are Judgment Proof what do you care how much a Judgment against you is? They will never collect it. A $1 judgment or a $1 million Judgment will get the same.


--- Quote ---She also said that they rarely would file a pleading for sale of property.

I am more confused than ever. Almost forgot, in the complaint it has Claim is subject to Mandatory Arbitration.
When does it go to arbitration.  I live over 300 miles from where the attorney's office is.  Will he personally travel here for the court date,  will be at my expense if I lose, where does arbitration take place.  I can see the charges adding up here.

--- End quote ---

Go to the Flyingifr Method and read

"Now the Fun Starts, they Have an Attorney"
"Making Yourself Judgment Proof"
"Understanding the Collection Agency"

awww heck, read the whole thing.

benmo:
I am judgement proof now...but what happens years from now when the judgement is on my home and I want to sell.  It will have to be paid with all the added interest.  Yes?

I have tried to find the posts/info "Method" you suggest but can't find these on your threads?  Where are they?

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