Settled and Paid in Full 3 mos ago, now they are suing for the full balance all over!

[signalhill]

What is the name of your state (only U.S. law)? (California)

Sign of the times, I guess!

I closed my Capital One Platinum credit card account earlier THIS year (around April 2015) in writing because it was reflecting $4,000+ in erroneous charges from Best Buy, taking my credit limit from 20,000 to a 23,000+ balance, which was nearly 4,000 'over the limit'.

Instead of investigating and correcting my balance, Capital One pretty much immediately forwarded my account to a collection attorney.

3 mos ago I received a letter from the collection attorney stating CapOne will accept 45% as settlement in full. I sent a check for that amount ($11,000) which they have since cashed, and so I considered the issue settled in full and embarked on the process of repairing my credit due to the few month the account was paid until it was paid off.

Now 3 mos later I am suddenly served with papers showing they are now suing for the current full amount $24,000 as if they never settled!

Since being served, my blood pressure and stress levels are severely escalated causing me to take time off work while trying to fill out the answer and accompanying documents to their frivolous, ruthless, harassing lawsuit.

There is a space on the court's answer for what 'Defendant Prays' for, which I am thinking would be a counterclaim - I'm not sure what sort of things qualify for that but would hope I am awarded substantial damages for this taking weeks off my work and possibly years off my life; to start, how do I calculate 'Attorney Fees' for defending myself in this ruthless scheme being perpetrated by the attorney for Capital One?

I already spent my 'life savings' (11,000) to settle this debt and now they are pretending it was never settled and demanding it all over again. I cannot afford a lawyer so will go at these vultures head on pro se for all the loss and aggravation they have caused. But could use some help with calculating what i 'PRAY' for!

Ie, how do I calculate my 'attorneys fees'?

 

[single317dad]

What is the name of your state (only U.S. law)? (California)

Sign of the times, I guess!

I closed my Capital One Platinum credit card account earlier THIS year (around April 2015) in writing because it was reflecting $4,000+ in erroneous charges from Best Buy, taking my credit limit from 20,000 to a 23,000+ balance, which was nearly 4,000 'over the limit'.

Instead of investigating and correcting my balance, Capital One pretty much immediately forwarded my account to a collection attorney.

3 mos ago I received a letter from the collection attorney stating CapOne will accept 45% as settlement in full. I sent a check for that amount ($11,000) which they have since cashed, and so I considered the issue settled in full and embarked on the process of repairing my credit due to the few month the account was paid until it was paid off.

Now 3 mos later I am suddenly served with papers showing they are now suing for the current full amount $24,000 as if they never settled!

Since being served, my blood pressure and stress levels are severely escalated causing me to take time off work while trying to fill out the answer and accompanying documents to their frivolous, ruthless, harassing lawsuit.

There is a space on the court's answer for what 'Defendant Prays' for, which I am thinking would be a counterclaim - I'm not sure what sort of things qualify for that but would hope I am awarded substantial damages for this taking weeks off my work and possibly years off my life; to start, how do I calculate 'Attorney Fees' for defending myself in this ruthless scheme being perpetrated by the attorney for Capital One?

I already spent my 'life savings' (11,000) to settle this debt and now they are pretending it was never settled and demanding it all over again. I cannot afford a lawyer so will go at these vultures head on pro se for all the loss and aggravation they have caused. But could use some help with calculating what i 'PRAY' for!

Ie, how do I calculate my 'attorneys fees'?

- I would wager that the balance of your account became due and payable at the time you closed your account, per the written account terms.

- Stress is not a valid counterclaim.

- Your defense is that the debt has been satisfied. Be prepared to prove that. They will prove that the debt, as stated in the complaint, existed; if you don't prove it's satisfied, they'll win a judgment for the full amount.

- You don't have any attorney fees.

- Please don't share your opinion on others' threads until you have educated yourself. Thanks.

 

[signalhill]

Update.. A lawguru lawyer advised freely yesterday there that I:

'need to file a cross-complaint to collect damages from the Credit Card for:
fraud
emotional stress
punitive damages.'

He clarified that 'State courts do not have counter claims'; that I can raise affirmative defenses: that they agreed to settle for $11,000 .and that I have paid $11,000 to them through their attorney. (The check was made payable to the Credit Card not the collection attorney, and on the Summons the Plaintiff is the Credit Card)

Since they are suing for the FULL balance without even acknowledging that they cashed the $11,000 settlement check, yet they did, I can see how it is my civil duty in a sense, to seek out justice for this fraud as well as 'punitive damages' to the full extent of the law, indeed! What comes to mind is extortion and blatant abuse of the legal system though I can foresee them arguing it as just an administrative 'efiling' mistake; 'whatever!' so much for checks & balances and juris... prudence! Just because one can start a lawsuit online nowadays thru california's 'efiling' thing doesn't mean one can just spam-generate summonses hoping some debtors who've paid/settled will forget they paid or whatever, its quite ludicrous (and daunting) that I now have to PAY the court fee just to ANSWER this frivolous fraudery lest they obtain a default. Some system!

Will be interesting to see who pays up ultimately for my damages - including emotional distress - big Capital One, or its apparently incompetent collection attorney!

Wish me luck, y'all?

 

[Zigner]

Update.. A lawguru lawyer advised freely yesterday there that I:

'need to file a cross-complaint to collect damages from the Credit Card for:
fraud
emotional stress
punitive damages.'

He clarified that 'State courts do not have counter claims'; that I can raise affirmative defenses: that they agreed to settle for $11,000 .and that I have paid $11,000 to them through their attorney. (The check was made payable to the Credit Card not the collection attorney, and on the Summons the Plaintiff is the Credit Card)

Since they are suing for the FULL balance without even acknowledging that they cashed the $11,000 settlement check, yet they did, I can see how it is my civil duty in a sense, to seek out justice for this fraud as well as 'punitive damages' to the full extent of the law, indeed! What comes to mind is extortion and blatant abuse of the legal system though I can foresee them arguing it as just an administrative 'efiling' mistake; 'whatever!' so much for checks & balances and juris... prudence! Just because one can start a lawsuit online nowadays thru california's 'efiling' thing doesn't mean one can just spam-generate summonses hoping some debtors who've paid/settled will forget they paid or whatever, its quite ludicrous (and daunting) that I now have to PAY the court fee just to ANSWER this frivolous fraudery lest they obtain a default. Some system!

Will be interesting to see who pays up ultimately for my damages - including emotional distress - big Capital One, or its apparently incompetent collection attorney!

Wish me luck, y'all?

You NEED an attorney. Without one, you are going to be buried. Really.

 

[signalhill]

Duly noted.

 

[quincy]

Update.. A lawguru lawyer advised freely yesterday there that I:

'need to file a cross-complaint to collect damages from the Credit Card for:
fraud
emotional stress
punitive damages.'

He clarified that 'State courts do not have counter claims'; that I can raise affirmative defenses: that they agreed to settle for $11,000 .and that I have paid $11,000 to them through their attorney. (The check was made payable to the Credit Card not the collection attorney, and on the Summons the Plaintiff is the Credit Card)

Since they are suing for the FULL balance without even acknowledging that they cashed the $11,000 settlement check, yet they did, I can see how it is my civil duty in a sense, to seek out justice for this fraud as well as 'punitive damages' to the full extent of the law, indeed! What comes to mind is extortion and blatant abuse of the legal system though I can foresee them arguing it as just an administrative 'efiling' mistake; 'whatever!' so much for checks & balances and juris... prudence! Just because one can start a lawsuit online nowadays thru california's 'efiling' thing doesn't mean one can just spam-generate summonses hoping some debtors who've paid/settled will forget they paid or whatever, its quite ludicrous (and daunting) that I now have to PAY the court fee just to ANSWER this frivolous fraudery lest they obtain a default. Some system!

Will be interesting to see who pays up ultimately for my damages - including emotional distress - big Capital One, or its apparently incompetent collection attorney!

Wish me luck, y'all?

I agree with Zigner. You need more than luck. You need an attorney who knows what s/he is doing.

 

[Zigner]

Duly noted.

Roll the eyes all you want, but you're being sued by REAL attorneys for a REALLY large amount of money. The advice you received to file a counter-claim for "fraud", "emotional stress", and "punitive damages" is absolute balderdash. You are going to lose big without an attorney. Even with an attorney, if you don't have all of your ducks in a row, you don't have a slam-dunk case.

 

[signalhill]

i ALREADY gave the Credit Card my life savings ($11,000) to SETTLE the matter in full. heck its even written across the check they cashed BILATERAL SETTLEMENT PAID IN FULL.

if there's CA lawyers out there open to contingency, i'm all ears!

but to me even just having to pay the court filing fee to ANSWER is already too much; the stress and aggravation dealing with the monsters representing this previously settled credit card balance is already pressing into tens and thousands between the doctor visits, HBP meds, and lost work getting legal advice where i can afford it; i only have a few hundred left in savings and can't concentrate or calm myself down enough to get any work done these days!

 

[Zigner]

...its even written across the check they cashed BILATERAL SETTLEMENT PAID IN FULL.

I sure hope that your attempt at an accord and satisfaction meets the requirements of the California code:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1521-1526

You're going to be in real court arguing really technical issues against real attorneys.

 

[Zigner]

i ALREADY gave the Credit Card my life savings ($11,000) to SETTLE the matter in full. heck its even written across the check they cashed BILATERAL SETTLEMENT PAID IN FULL.

if there's CA lawyers out there open to contingency, i'm all ears!

but to me even just having to pay the court filing fee to ANSWER is already too much; the stress and aggravation dealing with the monsters representing this previously settled credit card balance is already pressing into tens and thousands between the doctor visits, HBP meds, and lost work getting legal advice where i can afford it; i only have a few hundred left in savings and can't concentrate or calm myself down enough to get any work done these days!

You're not going to be getting money for emotional stress or loss of work or "fraud" over a business matter such as this.

 

[davew128]

Instead of pleading your case HERE, find an attorney who would argue your case IN COURT. If the collection agency acted as a representative of Capital One and offered written settlement terms which you accepted and completed in accordance with the terms given (and kept a copy of the letter), you should have a good case. That still means going to court and presenting the case THERE since a lawsuit has been filed. For $13,000+ I would think you would be wise enough to realize an attorney can do this far better than you, or indicate if you have real exposure and less of a case than you think. Its really that simple.