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  1. #1
    Join Date
    Dec 2008
    Posts
    5

    Default Sworn Denial

    I sent via certified mail a request for verification of the amount etc. to this law office that claims to be Capital One's attorney. Which is odd too. Why would Capital One credit card have an attorney in BeeBe Arkansas? They say I owe 1384.69. I think this law firm buys up debt on people who live in Arkansas.

    My credit report printed on Nov. 8, 2008 shows the account closed since 2/2/08. The last payment on my credit report is 7/2007.

    The lawyer sent me a copy of a payment dated Sep. 6 2006. The balance shows 487.32 and a copy of a bill dated 12/31/07 showing 6 months past due and the balance is 1026.80.

    In with the above was a Consent Judgment - pay out schedule of 40.00 a month. Plus 6% per annum interest until paid. The "affidavit" shows per Capital One I owe 1264.83 as of 8/10/08 plus interest of 27.10%. But again I show on my credit report the account is closed.

    In all the research I've done on the Internet it looks like I need to file a Sworn Denial and then file discovery.

    Any thoughts on what I should do next are welcome.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sworn Denial

    If you're in Arkansas, it's reasonable to assume that they hired a lawyer in Arkansas so they would be positioned to sue you in Arkansas. As you didn't follow the instruction to identify your state, I can't suggest what "proper procedure" would be under the laws of your undisclosed state.

    If you haven't paid your credit card since September, 2006, it's no big surprise that interest, late fees and penalties could take a $487.32 up to $1026.80.

    If you've received a copy of a proposed consent judgment, it stands to reason that you've been sued by this law firm. What do you mean by a "request for verification of the amount etc."? Are you equating a lawsuit against you with the first contact by a collection agency under the FDCPA? How much time passed (the exact number of days) between the first contact you had with this firm and the time you sent off this letter? If you've been sued, have you answered the lawsuit with the court?

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