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?
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