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Home > Ask The Get Out of Debt Experts > Capital One Told Me They Don’t Own My Debt Anymore. – Wendy

Capital One Told Me They Don’t Own My Debt Anymore. – Wendy

Even though they can’t collect on a judgement against me, I would like to avoid one, especially since it appears to be a bottom-feeding JDB who is suing me expecting a default judgement. I want to make them squirm. The debt was from a Cap One credit card, but was charged off and either sold or assigned to such and such collection agency (the second one Cap One has tried so far). Capital One told me they no longer own the debt. When I called the more recent collection agency, I was referred to their attorneys. This law firm has a bad reputation for misconduct and has had a class action suit brought against them. The complaint that they served upon me names Cap One as plaintiff, with allegations that seem vague to me. Except for four digits of the acct number and an amt. owed in the body of the compl aint, no other documentation of this debt was attached, not even the address of the supposed plaintiff.

Steve…what I’d really love to know before filing my answer to this lawsuit is this: Can a debt collecting law firm sue me and claim Capital One is the plaintiff when that may be an outright lie? Other than getting it in writing from Cap One that they no longer own this debt, how can I know for sure who is the actual plaintiff? I believe the actual plaintiff is the law firm itself. So far I am denying every allegation they have made but one. If this debt is owned by a JDB, isn’t it FRAUDULENT to list the original creditor as the plaintiff ? I would like to use this info in my response, in the hope that they would dismiss the case rather than be exposed for what they are doing. What do you think?

This is your chance to be a hero and help out this person by providing your feedback and answer to the question in the comments section below.

Capital One Told Me They Don't Own My Debt Anymore. - Wendy by

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  • http://www.consumerrecoverynetwork.com/ Michael

    Hi Wendy,

    I would encourage you to contact a credit defense or debt collection violation attorney. If there are FDCPA violations evident to the attorney at your initial consult, many will take your case on contingency. This would mean no out of pocket expense to you. The attorney would get paid by the other side when succeeding.

    If you do proceed on your own, you would typically seek to confirm the information you suspect after your general denial answer is filed and through discovery.

    What is the amount of the suit?
    What state do you live in?

    • Cheryl

      Great leg work on what to do–I am in your same situation as well, but have not recieved my compaint. What was the end result of this case and was an attorney expensive!

  • http://www.consumerrecoverynetwork.com/ Michael

    Hi Wendy,

    I would encourage you to contact a credit defense or debt collection violation attorney. If there are FDCPA violations evident to the attorney at your initial consult, many will take your case on contingency. This would mean no out of pocket expense to you. The attorney would get paid by the other side when succeeding.

    If you do proceed on your own, you would typically seek to confirm the information you suspect after your general denial answer is filed and through discovery.

    What is the amount of the suit?
    What state do you live in?

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