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  1. #1
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    Question Debt Reported for More Than the Amount of the Judgment

    My question involves CAPITAL ONE CREDIT CARD collection proceedings in the State of: Ohio
    Capital One issued a credit card while in college. Card had 500 limit. unable to pay slowly between past due fee, member fee, payment protection fee, over limit fee, and interest the balance at time of judgement was $872.52. In 2013 thought I had made restitution (actually it was another credit card) but pulled credit report and saw it. The balance is now $1986, I tried to negotiate with attorney... after going back and forth, I offered MY BEST of $1200 by paying $600 this month and $600 by January 9. This is the best offer I can do. They countered with a final offer of $750 this month and $750 by January 9.

    In 2010 a judgement was awarded (see details below)


    10/01/10 FOREIGN CERTIFICATE OF JUDGMENT FILED
    DATE - JUDGMENT: 09/xx/10
    AMOUNT - JUDGMENT: 872.52
    REF/ASSMENT/RISK#: M10CVXXXXXX
    INTEREST: 19.90
    DATE- INTRST FROM: 09/08/10
    JUDGMENT COSTS: 127.00
    COUNTY DESC: FRANKLIN COUNTY
    NOTICE MAIL DATE: 10/xx/10
    NAME: CAPITAL ONE BANK USA NA
    ATTORNEY NAME: A.... XXXXXX
    ATTORNEY ADDRESS: CHEEK LAW OFFICES LLC

    Judgement amount total is $1019.42

    Questions:
    1. Can they continue charging interest at 19.9 like a capital one credit card.
    2. Who actually owns the debt? Capital One or Cheek Law? I tried contacting CAP1 and they referred me to another attorney who referred me to Cheek Law. Cap1 doesnt have info or history
    3. Can I just send them the $1019.42
    4. Do I have any options

    Single parent without extra income and saved for three years the 600 in hopes of buying a home. Thank you in advance

  2. #2
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    Default Re: Ohio Attorney Seeking More Than Judgement

    I beat my capital one lawsuit in court, I defended myself after my lawyer friend told me how to beat it,, what happens, capital one sells the debt to a law firm for pennies on the dollar, they now own the debt. that's why you never seen the capital one rep show up in court that day, that's what makes it really easy to beat them in a court of law, because theres nobody from capital one in the court room, the lawyer walked up to me before court started and wanted to make a deal,, I told him to go pound sand and beat him at his own game, it was a great day for me lol,,, too bad they done got the judgment not much you can do now, work out a payment plan like you did if you want to pay it off

  3. #3
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    Default Re: Ohio Attorney Seeking More Than Judgement

    Quote Quoting tonynewman
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    I beat my capital one lawsuit in court, I defended myself after my lawyer friend told me how to beat it,, what happens, capital one sells the debt to a law firm for pennies on the dollar, they now own the debt. that's why you never seen the capital one rep show up in court that day, that's what makes it really easy to beat them in a court of law, because theres nobody from capital one in the court room, the lawyer walked up to me before court started and wanted to make a deal,, I told him to go pound sand and beat him at his own game, it was a great day for me lol,,, too bad they done got the judgment not much you can do now, work out a payment plan like you did if you want to pay it off
    they don't have to have somebody from Capital 1 in the courtroom if Cap 1 sold the debt to another party. The plaintiff has to prove they own the debt (if you challenge them properly) but Capital 1 has nothing to do with it once it is sold.

    additionally, if Cap 1 is the plaintiff, the attorney representing them IS somebody from Cap 1.


    deekar:

    I see it lists it as a foreign judgment. What state was the original judgment obtained.


    Most, if not all states allow for post judgment interest. It varies by state. I see it does state 19.9 so I presume that was allowed by the court. If you provide the original state, that can be confirmed.

    who owns the judgment: who was the plaintiff? It would be the plaintiff unless the judgment was sold to another party. It lists Cap 1 but that was 4 years ago. It may have been sold to another party but given you were referred, eventually, to the Cheeks law firm, I would suspect Cap 1 still owns the judgment. Have you asked the attorney at Cheeks?


    can you pay just the $1019.42? No. Interest has accrued since the judgment was entered, presumably at that 19.9% rate.

  4. #4
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    Default Re: Ohio Attorney Seeking More Than Judgement

    I see it lists it as a foreign judgment. What state was the original judgment obtained.
    Everything has been in Ohio. At the time of Judgement, couldn't pay, no job. Once this was discovered, the balance had grown to $1860. I contacted attorney and offered 900 cash; this was turned down with $1500 as acceptable; then offered 600 upon acceptance and 600 in two weeks for 1200. That was when they replied with 750 and 750.

    Does CAP1 keep some of their debt? I thought it was always sold off once they write it off?


    Does the foreign judgement offer me wiggle room to negotiate with? Single mom getting her act together, thanks you in advance for the help.

  5. #5
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    Default Re: Ohio Attorney Seeking More Than Judgement

    Quote Quoting jk
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    they don't have to have somebody from Capital 1 in the courtroom if Cap 1 sold the debt to another party. The plaintiff has to prove they own the debt (if you challenge them properly) but Capital 1 has nothing to do with it once it is sold.

    additionally, if Cap 1 is the plaintiff, the attorney representing them IS somebody from Cap 1.


    deekar:

    I see it lists it as a foreign judgment. What state was the original judgment obtained.


    Most, if not all states allow for post judgment interest. It varies by state. I see it does state 19.9 so I presume that was allowed by the court. If you provide the original state, that can be confirmed.

    who owns the judgment: who was the plaintiff? It would be the plaintiff unless the judgment was sold to another party. It lists Cap 1 but that was 4 years ago. It may have been sold to another party but given you were referred, eventually, to the Cheeks law firm, I would suspect Cap 1 still owns the judgment. Have you asked the attorney at Cheeks?


    can you pay just the $1019.42? No. Interest has accrued since the judgment was entered, presumably at that 19.9% rate.


    I won my case because,,, since nobody from cap one was in the court room to challenge me, I argued that the amount that they sued for around 1300 was incorrect, I told the judge how this all started over a pizza order I placed and refused to pay for, and I gave the judge a piece of paper I wrote up with a name and reference number from some cap one employee and stated that cap one told me over the phone I didn't owe them a dime,, I told the judge if I owe cap one anything it was 22 bucks!

    the judge looked at the papers the lawyer gave and said that he thinks that due to a 20 dollar pizza order I refused to pay the debt could have ratcheted up to that high amount and he ruled in my favor LOL


    I later went on to write a book about how to beat credit card lawsuits and how to postpone court hearings in a language that anyone can understand.

    they always sell the debts, its a big business, as I found out from my lawyer buddy,, I really wanted him to defend me, but he didn't want to embarrass himself with such a case, so he just told me how to beat it.

  6. #6
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    Default Re: Ohio Attorney Seeking More Than Judgement

    No, they don't always sell the debts. In the case of the op it is obvious they did NOT sell the debt hence the judgment creditor is listed as capital one. If they had sold the debt prior to the op being sued it would list the buyer of the debt as the judgment creditor because that is who would have to sue. But I don't care to get into a discussion on how to be a professional deadbeat. I have morals whether you do or not


    anyway deekar;

    as i said to tonynewman, no, they do not always sell their debts. In fact from what I have seen on this forum I suspect capital one tends to not sell their debts. Regardless, there is a judgment t outstanding. I don't underdog and the reference to the foreign judgment if everything has been in Ohio. Simply put the only wiggle room I see is if you are untouchable as far as garnishment or seizure of bank accounts. If you have nothing they can take they may accept an offer for a lesser amount. That is completely up to them though b

  7. #7
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    Default Re: Ohio Attorney Seeking More Than Judgement

    your wrong about that, my case was cap one vs myself, but the debt was sold,, my lawyer looked over the papers I gave him and he said it was sold, so im sure your missing something on how such cases are presented, also just because I won a case against them does not make me a deadbeat. they were in the wrong, i went to court and i won.

    why is it a few posters on this site that have thousands of posts result to belittling and name calling in almost every thread... but whatever,, your always right i know.

  8. #8
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    Default Re: Ohio Attorney Seeking More Than Judgement

    It makes no sense for Cap One to be suing you if they no longer own the debt. They no longer have standing too if they sell it. The only possibilities are that they either bought it back or were using a collection agency to chase the debt without selling it.

  9. #9
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    Default Re: Ohio Attorney Seeking More Than Judgement

    the law firm buys the debts for pennies on the dollar, when it hits the courts they are worded as cap one vs the defendant, but the debts are sold to the firms, no cap one rep ever shows up in court, like I said,, I showed my papers I was served to a real lawyer,, a very good lawyer in fact who explained this all to me, I did everything he told me to do, and I won.

    so he knows what he is talking about,, now how they can legally set the cases up this way so that cap one is on the paper I do not know,, but the debts are sold to the firms. again this was from a REAL lawyer and I did win, he said that's how they operate, they sell the debts to the law firms for pennies on the dollar. its a standard practice to sell the debts

  10. #10
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    Default Re: Ohio Attorney Seeking More Than Judgement

    Quote Quoting tonynewman
    View Post
    your wrong about that, my case was cap one vs myself, but the debt was sold,, my lawyer looked over the papers I gave him and he said it was sold, so im sure your missing something on how such cases are presented, also just because I won a case against them does not make me a deadbeat. they were in the wrong, i went to court and i won.

    why is it a few posters on this site that have thousands of posts result to belittling and name calling in almost every thread... but whatever,, your always right i know.
    Your entire situation makes no sense. An entity that is not the creditor has no standing to sue. If cap one was suing, then the debt wasn't sold or cap one had no standing to sue. That is how it works. I think you may not be understanding what was going on in your situation.

    belittling and name calling? Intentionally avoiding one's legal debts is being a deadbeat. If the shoe fits, wear it. If not, I wasn't speaking about you.

    - - - Updated - - -

    tonynewman;856622]the law firm buys the debts for pennies on the dollar, when it hits the courts they are worded as cap one vs the defendant, but the debts are sold to the firms
    no, they aren't. If they did that, it would be simple to have the case dismissed as the plaintiff would have no standing to sue. Additionally, since the judgment would be in Cap one's name, the lawyer could not collect on the judgment without Capital one agreeing to that.

    , no cap one rep ever shows up in court, like I said,,
    a hired lawyer is a representative. I don't know who you think they have to have there but you are obviously not understanding the situation.
    I showed my papers I was served to a real lawyer,, a very good lawyer in fact who explained this all to me, I did everything he told me to do, and I won.
    well post them up here, with identifying information redacted of course.



    now how they can legally set the cases up this way so that cap one is on the paper I do not know,, but the debts are sold to the firms.
    if that were true the lawyer would risk punitive action from the germane state's bar. Sorry dude but you are missing something.


    again this was from a REAL lawyer and I did win, he said that's how they operate, they sell the debts to the law firms for pennies on the dollar. its a standard practice to sell the debts
    sorry but while many creditors do sell their debts, many more don't and as I said, based on what I have seen here, cap one tends to keep their debts in house. They have sued too many people in too many states to believe your story.

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