Suing Your Creditors > Sample Pleadings



The complaint reads that the plaintiff is CAPITAL ONE BANK (USA), N.A., SUCCESSOR IN INTEREST TO CAPITAL ONE BANK. 

I need to answer to a complaint from Capital One/Freedman Lindberg Anselmo/they are suing me for default on credit card payment in 2009.

I kept getting bills in the mail with higher charges (the addition of interest, court costs).  I called the number on the bill over the weekend, got transferred to an answering maching that answered "NCO Financial."

NCO is a collection agency.  I looked up the address that is on this statement, and it is listed to GLOBAL CREDIT & COLLECTION CORP.

The billings come as though they are actually from Capital One.  Capital Ones billings have a different address and phone number.

Would this be considered furnishing deceptive forms?

I never had the opportunity to send a letter requesting verification of the debt, is that still possible?

Also, I don't believe they have a copy of the actual contract.  They have a 2010 version, that came from the attorney's office and signed by the attorney Freedman Anselmo, & Lindbergh.  Don't the documents need to be authenticated by the original creditor/Capital One?--

I phoned Capital One and they refer me to Freedman Anselmo..Credit report states it was charged off in August 2010.

Last Question:  The affiant (affidavit) is from a Litigation Specialist acting as agent for CAPITAL ONE BANK (USA), N.A., SUCCESSOR IN INTEREST TO CAPITAL ONE BANK.  If this is really NCO, Global, wouldn't the agent acting on behalf actually work for the collector, and thus not be able to verify the debt>

I need to know what direction to go at this point.

Thank you.

I am in almost the exact same situation only it's been dragging out in court for almost 2 years. Trial is finally happening in 3 month. I would also like to get others opinions on this. One question I have is that regardless if Freedman is on assignment or they purchased the debt. If they are acting as the collection agency and the law firm representing Capital One wouldn't that mean they are REQUIRED by Illinois Law to be licensed as a Collection Agency? I've read a few cases where the firm got in trouble for just that and the fraud and everything else was irrelevant because the case was frivolous without the license? Any thoughts anyone?


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