[brokeinflorida]

My question involves collection proceedings in the State of: Florida

I recieved a summons from an attorney in Florida who named Capital One as the Plaintiff on a lawsuit against me. I responded within the 20 day period, had my validation request letter date stamped with the civil/county court and sent copy certified/return receipt requested to this "attorney". It has been just over 30 days and I haven't heard anything from anyone. Nothing validating the debt and no court date set. I did some research on the attorney and learned his firm is in fact a 3rd party debt collector. This firm has had complaints against them in the past. Capital One has sold them this debt. Can they legally name Capital One as the Plaintiff on this lawsuit? Should I attempt any type of action against them for say "fraud"?

[Betty3]

Collection agencies will many times do this - they will file the lawsuit in the name of the original creditor & when it goes to court, claim it was the original creditor who filed the lawsuit. Sometimes if you can prove to the court that the coll. agcy. bought the debt from the original creditor, you can file a motion to dismiss because the "alleged" plaintiff is not the true party suing.