@Anonymous wrote:A little background this is for CapitalOne.
In 2013 we received a notice in the mail that Plaintiff Capital One Bank voluntarily dismisses the above styled cause without prejudice. We had no idea what it was for but did see a charge off on credit report for $1,658.16. Then at some point in 2013-2016 we got a 1099-C from CapitalOne which we went ahead and paid. Since the 1099-C was paid we never saw the charge off on the credit report again, UNTIL my husband was checking his credit report and saw that his score went down by almost 50 POINTS! That's when he saw the charge off on his credit report for $1,658.16.
@Anonymous today I went online and did a public records search and find out that in 2013 CapitalOne set up a court date for this dept we never even knew about it. I found an Affidavit of Non-Service for 12th day of February 2014 at 10:30am that stated "after due diligent inquiry I was unable to effect service upon the respondent in time and on the 17th day of February 2014 at 1:12PM, discontinued attempting service of the summons and complaint for the reasons indicated below: MOVED, LEFT NO FORWARD ADDRESS." Upon further reading this Affidavit at the bottom it says "Attempts and service Comments: on 02/17/2014 @ 01:17/2017, This is wife home and he no longer lives at the address. They are separated tag cec c59" THIS IS A BOLD FACE LIE! First I'm a stay at home mom and had just had my daughter 5 months before all this. I've been a stay at home mom since April 2012, I'm pretty sure I would remember someone knocking on my door on a daily basis for a week and if I didn't I certainly would remember telling someone that my husband who I've been married to for 14 years and am still married to didn't live there anymore (which of course I never said). So all this court stuff was going and we had no idea because this Jessie Ortiz guy lied.
So from the research I've done I now know that because of how they dismissed this case they can come back and sue again.
My questions
1. If we paid the 1099-C why is this showing up on his credit report again? (I say if because I need to dig through our records to make sure). 1099-c is a gray area some appeals courts say it wipes the debt others say no, it has never been officially settled so yeah they can still come at you for it. If this was dismissed thats good, there is a time limit in each state as to how long they can get a successful judgment its called the Statute of Limitations. You want to find out what the length of time is in the state you live in and the state Cap-1 is incorporated in. It would be the one for Open Accounts.
2. Why would this stop showing on his credit report for 4 years and then show up again? We have not received anything from capitolone or any other company asking for this debt. They removed it for some reason and if its still within 7.5 yrs from the accounts DoFD they can report it again. You need to find out when the DoFD was to make sure its not past the time where it can be reported. If it is you would dispute it as too old to report.
3. Do we have a case against capialone because of the clear lie from the Jessie Ortiz guy that never actually came to our house? No, what you have is a lazy hired process server who they hired and he just said that most likely to save the expense of driving out and get paid anyway.
4. What do you think we should do at this point? Do what I have already said to do and if its past SOL and close to being unable to be reported I would do nothing and let it go then once its off your reports you could settle it for much less and also ask for an amended 1099-C.
Thank you for reading this all I know it is super long. Any help is much appreciated.
