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help please- about to give up

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Anonymous
Not applicable

help please- about to give up

ok long story as short as i can make it- capital one reporting a charge of 1500$ card that i dont remember having. I thought it was hubbys. They say its not and still have yet to send any info on account. All I have is credit report info. Disputes got me no where. They had cohen and slamowitz sue me. I was never served and when I found out went to court and put in order to show cause which a judge approved. Then after waiting a month and he made his decision to deny me because not being served was not a good enough reason. I never got anything about this. Even my description and pic of the house is not mine. I called a lawyer and he said i can pay him 750$ to appeal it but will probally be denied again. He said I have no choice but to pay it and i can pay him 950$ to negotiate with them and get a payment plan. Obviously i will NOT be using a lawyer. Does anyone know am i stuck paying this now to get it off reports? Its 2200 right now with all their fees. I think I should have a right to dispute this and was never given any chance. Any advice is appreciated. Oh and if im stuck with it, is it suggested to call them myself? or only mail them? I cant see the law working this way making me pay it with no chance to state my case but im sure it can happen. Thanks in advance.

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Anonymous
Not applicable

Re: help please- about to give up

Service requirements are different in various states. What state are you in? Have you researched the actual sevice requirements for your state? You need to get the actual proof of service papers that were filed with the court - if there is anything fishy, like a phony signature, then you can file for a motion to vacate on the basis of improper/fraudulent service.

 

Second - are you in a community property state?

Message 2 of 3
RobertEG
Legendary Contributor

Re: help please- about to give up

While it wont settle the ultimate issue of your legal responsibility for the debt, you can at least use the identity theft provisions of the FCRA to

1.  get the info blocked from your CR, thus removing the current impact on your score, and

2. require the OC to provide you will all business records in their possession related to the account.

 

You must first file a police report, asserting that you never authorized the account or any transactions related thereto, and thus the account must have resulted from identity theft.

You then send a copy of the polcie report (which the FCRA refers to as an Identity Theft Report) to the CRA and request immediate block of any reporting related to the account from your credit report. See FCRA 605B.

You also send a copy of the police/identity theft report to the creditor, and request they provide you all business records related to esablishing and use of the account.  See FCRA 609(e).  This provides info you may need to pursue the ultimate issue of your responsibility for the debt.

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