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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Credit Card Company Suing Me In Texas

    I live in Texas and two days ago I was served paperwork for a lawsuit that Capital One Bank is bringing against me in Galveston County where I live. Allen L. Adkins & Associates (based out of Lubbock, Texas) is the attorney representing Capital One Bank. I'm required to appear and answer within 10 days of being served. Years ago, I opened a credit card with Capital One, and due to circumstances beyond my control financially, and being a single mother whose ex would not provide child support, I fell behind and stopped paying on the card. I have not used the card, paid on the card, or even contacted Capital One in several years. I heard that in the State of Texas there is a Statue of Limitations (SOL) of 4 years pertaining to Unsecured Loans (Credit Card Loans). If you go back 4 years from say Feb. 2008 (last month), making it Feb 2004, as I described above, I have not done anything with this account. Since my Date of Last Activity (DLA) is over 4 years ago, I should be able to answer to the Judge that this lawsuit should be barred due to SOL. Am I able to raise this as my only defense and have the lawsuit dropped? I pulled my credit report too, and all three credit agencies say that the account was "charged off", "closed by credit grantor", and / or "canceled by credit grantor". However, the Equifax credit report did not give a DLA specifically called a DLA. I'm worried that it might have been messed with and moved up so that it falls within 4 years ago and I will not be able to assert the SOL defense. How can I check for this? And what do I do if its been illegally moved up?


    Also, after doing some research, I'm being to feel Allen L. Adkins (a bottom feeder) may have bought my account from Capital One and is filing a lawsuit against my to see if he can win a quick default judgment against me?

    What course of action should I follow in order to get this suit dismissed? Is it worth trying to get Allen Adkins to validate this debt, or is it too late since a suit has been filed. I'm very stressed out about this, I'm still "in between a rock and a hard place", I have no money or property I can settle this with. Any help or guidance you can provide would be greatly appreciated.

    Thanks in advance!!

  2. #2
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Credit Card Company Suing Me In Texas

    well the easy part of that is to see who is listed as the plaintiff in the lawsuit papers? is it capital one or the lawyer? if it says capital one, then he is just representing them. if it has the law firm/lawyers name as the plaintiff, then he is suing you, and probably bought the debt from crap1

  3. #3
    Join Date
    May 2008
    Posts
    1

    Default Re: Credit Card Company Suing Me In Texas

    Referencing Allen L. Adkins, does anyone know the outcome of a lawsuit against Adkins:

    Laney v. Allen Adkins & Assoc. et al
    Plaintiff: John Laney
    Defendant: Allen L. Adkins & Associates, PC and John and Jane Does 1 - 10

    Case Number: 1:2008cv00048
    Filed: January 16, 2008

    Court: Texas Western District Court
    Office: Austin Office [ Court Info ]
    County: Travis
    Presiding Judge: Judge Lee Yeakel


    Cause: 15:1692 Fair Debt Collection Act

  4. #4
    Join Date
    Jul 2008
    Posts
    1

    Default Re: Credit Card Company Suing Me In Texas

    You can bring any defense you like, but you have to back it up. Self-representing defendants have been known to use a lot of different approaches. If the SOL is indeed past then the case wil have to be thrown out. There are many factors that determine the statute of limitations.

    It doesn't matter how long it's been since you used the card. If you made charges on it, you still owe the debt. It is in your best interests to try and deal with the case and not let the case default. An Agreed Judgment will look better, often give you better settlement options and look better on a credit report. If a judgment has already been rendered against you, contact them and try to work something out. The longer a judgment sits, the more interest it accrues.

  5. #5

    Default Re: Credit Card Company Suing Me In Texas

    So what happened to you with this company?

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