Legal Question in Credit and Debt Law in California
Capital One Case
In August of 2007 I received a summons for an alleged debt owed to Capital One. The summons was initiated by an attorney-run collection agency representing Cap One. I filed a response indicating I didn't have a Cap One card and had never received statements or request for payment. I had moved from the state the card was issued in prior to the date (VA-2004) it was issued. I asked Cap One to provide documentation that the debt was mine. Neither the collection agency or Cap One responded. The court set an arbitration date in April 2009. I arrived and the arbitrator told me Cap One had dismissed the case and told me Cap One was responsible for alerting me of this fact. I have received nothing from Cap One - I contacted the court and got a copy of the request for dismissal which Cap One filed. I had not pulled my credit report before receiving Cap One's summons - for the past 2 years I have been attempting to have the Cap One item removed since no documentation - neither signed agreement, actual charges or payments by me have been provided as evidence that this debt is mine. Any suggestions as to how to handle this? Can I countersue Cap One? Should I? What method other than dispute using the dismissal doc can I take?
1 Answer from Attorneys
Re: Capital One Case
If I were you, I would consider filing an action under the Fair Debt Collection Practices Act, and investigate a cause of action for malicious prosecution with respect to the lawsuit filed. You will want to contact a litigation attorney - plaintiffs consumer attorney - to discuss this in more detail. What they did is definitely wrong, and it make take a lawsuit for declaratory relief to get this off your credit report entirely.
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