My question involves collection proceedings in the State of: Wisconsin
I found out that I am being sued for a debt with Capitol One. This debt has been passed around to many different credit agencies. The current agency only has had for the last four months, at most.
I have not been served any papers to date. Have court on December 10th. I realized I was being sued after the plethora of mailings from attorneys to contact them regarding my lawsuit. I thought it is either a fluke or something is going on! I looked on the WI CCAP to find that I have a lawsuit that the Summons & Complaint and affidavit of mailing were filed with the court on Nov. 12. I wrote a letter to the lawfirm/collector asking for the original date, Proof of claim, etc.
They responded with
Amount of Debt: Principal balance 1,122.66 Interest 226.83
Name of Creditor: LVNV Funding--successor to Capitol One
Original Creditor: Capitol One, the address, original account number
Date Account was open 12-23-04
Date of charge off 2-12-08
Date of Last Payment 11-5-08
They sent me copies of 4 statements
Aug 07- Sept 07
Activity of: Past Due Fee & Overlimit Fee (78.00)--with a note behind 2 payments
Sept 07 - Oct 07
Activity of: Past Due Fee & Overlimit Fee (78.00) -- with a note behind 3 payments
Oct 07 - Nov 07
Activity of: Past Due Fee (39.00)-- with a note behind 4 payments
Nov 07 - Dec 07
Activity of: Past Due Fee (39.00) -- with a note behind 5 payments
Dec 07 - Jan 08:
Activity of: Past Due Fee (39.00) -- note behind 6 payments
I am not sure what these copies of statements are suppose to do -- purpose on their behalf. If I didnt shred everything, I'd have this paperwork.
How can my account be charged off--even though I made a payment after that?
I have no proof of my last payment -- shouldnt they show me copy of this said payment?
Don't I have to physically sign and receive my papers, before they can file and start this judgement?
They also wrote that pursuant to 15 USC 1692(g)(b), I was required to request validation of this debt in writing within 30 days of receiving the demand letter and validation notice. Nevertheless, please find copies... What Demand Letter & Validation notice did I receive? I did receive notices from them in October (last one 10/24) just stating please contact our offices...failure to do so...and I was going to contact them in February after I received my taxes to settle and continue to clean up my credit.
Also, I worked with a credit company in Sept of 2011--and I/we never received anything from them either disputing, clearing it up, etc.
I am so confused!

