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

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benmo:
Just got served today....Cap. One had charged off/  per 3 credit reports.  The summons still shows the Plaintiff as Cap. 1....I did online research all day and found various theories that the Plaintiff really the DC attorney....and that I should file for a dismissal...that I did not sign a contract with him....etc. for the debt.....that it is against Fair Trade Practices etc.  totally confused as to how to handle this....it is only about 2K.  Any insight appreciated

Admin3496:
It is requested that, when posting, you use proper sentence structure and breaks.

ladygarner:
A good place to start would be to read up on arbitration.

You are going to have to answer that Summons or they will get a judgment.

Check your State's Rules of Civil Procedure for how long you have to answer, etc.

Go to the main page of Debtorboards and read the arbitration section.

What State?

kickinanscreamin:
Okay, if the summons and complaint show CapOne as the plaintiff, then CapOne is the plaintiff.  On what grounds are you claiming that the attorney is the plaintiff?  An assumption will not get you far in court, only facts supported by evidence.

Chargeoff does not mean that CapOne is not the creditor.  It only means that there has been a change in the accounting status on the books but CapOne is still the creditor.  If the CR said the account has been sold or transferred, that would mean CapOne is no longer the creditor and should not be the plaintiff.

benmo:
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?

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.

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. 

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