No credit card required
Browse credit cards from a variety of issuers to see if there's a better card for you.
Hello everyone,
A few months ago I received a summons to appear in court in ref to an old debt that Federick Hanna acquired from Capital One. I sent a debt validation letter to Hanna requesting the following documents:
1) copies of their company bond and license to collect in my state
2) a copy of the agreement authorizing them to collect on behalf of capital one
3)an account statement on how they reached the amount supposedly owed
4)a copy of the contract signed with the creditor bearing my signature
5)an explanation of what they money they say I owe is for
6) proof that the statute of limitations has not expired on the account
My court date was a few days ago and I was able to get the judge to grant me a 30 day continuation because Hanna had not replied to the validation request and they had until October 29 to reply. Today I got a reply from Hanna in the mail but the only thing they sent was a copy of a statement on a capital one letter head stating the amount owed and a letter with a settlement offer. Do you all think this is enough for me to get the case dismissed. They clearly did not provide the requested documentation. Any comments or advice is greatly appreciated!
Doubtful.
An assertion that a debt collector has not provided adequate debt validation is an issue for the court to interpret.
The normal interpretation of FDCPA 809(b) is that documentation or "proof" is not necessary in order to validate.
One-sided submission of evidence does not "prove"anything, and there are no judges in the DV process to compel complete submission of evidence by both parties, and authorty to rule on the documentation. DV requires an investigation and a determination based on that investigation, not the submission of proofs.
You would have to convince the judge otherwise Since the main purpose of a trial is to obtain and evaluate evidence, the judge will most likely proceed to trial.
The DV process is not a legal fact-finding process.
@gagirl82 wrote:Hello everyone,
A few months ago I received a summons to appear in court in ref to an old debt that Federick Hanna acquired from Capital One. I sent a debt validation letter to Hanna requesting the following documents:
1) copies of their company bond and license to collect in my state
2) a copy of the agreement authorizing them to collect on behalf of capital one
3)an account statement on how they reached the amount supposedly owed
4)a copy of the contract signed with the creditor bearing my signature
5)an explanation of what they money they say I owe is for
6) proof that the statute of limitations has not expired on the account
My court date was a few days ago and I was able to get the judge to grant me a 30 day continuation because Hanna had not replied to the validation request and they had until October 29 to reply. Today I got a reply from Hanna in the mail but the only thing they sent was a copy of a statement on a capital one letter head stating the amount owed and a letter with a settlement offer. Do you all think this is enough for me to get the case dismissed. They clearly did not provide the requested documentation. Any comments or advice is greatly appreciated!
For defense strategies in a lawsuit by a CA go here
10-08-2014 07:24 PM
Doubtful.
An assertion that a debt collector has not provided adequate debt validation is an issue for the court to interpret.
The normal interpretation of FDCPA 809(b) is that documentation or "proof" is not necessary in order to validate.
One-sided submission of evidence does not "prove"anything, and there are no judges in the DV process to compel complete submission of evidence by both parties, and authorty to rule on the documentation. DV requires an investigation and a determination based on that investigation, not the submission of proofs.
You would have to convince the judge otherwise Since the main purpose of a trial is to obtain and evaluate evidence, the judge will most likely proceed to trial.
The DV process is not a legal fact-finding process.
Hi Robert! Thank you for replying. What do you think my next action should be? Do you think I should try to settle out? If I settle out would you happen to know how the settlement will affect the Captial One account currently reporting on my credit as a charge off?
Thanks Norman! I will go there and do some research.
Hey OP! I can tell you a bit about my sisters run-in with CapOne. She was sued and didn't have a cent to pay...not one cent.
My mother called up the attorney and they had a conversation and she paid about half. It wasn't a huge amount...about 1200 was the sue amount.
This was a couple of years ago. YMMV