1. Who is suing you?
Capital FiNANCIAL CREDIT LLC
2470 Satellite Blvd. Suite 200
Duluth GA 200096
Attorney : BabCOCK and WASSERMAN CO. LPA
55 Public Square, Suite 700
Cleveland OH 44113
2. For how much?
3. Who is the original creditor?
Citibank South Dakota N.A. This got sold to New Century Financial and they sold it to Capital Financial Credit
4. How do you know you are being sued?
I first got to know about this from a prospective roommate who looked me up on the court site.
Then I got the summons by Certified Mail , left in my mailbox
5. How were you served? Were you served?
Yes, I was served by Certified Mail left in my mailbox
6. What was your correspondence (if any) with the people suing you before you think you were being sued?
Babcock and Wasserman had sent me a letter in November 2008, I had ignored it
After I came to know about the case from my prospective roommate, I tried to contact them via phone, I offered to settle and after a bit of haggling it was down to paying the principal amount $4445.48 + court costs . I tried to haggle a bit more (I was offering 35 cents to a dollar) the person hung up on me.
I called up again and got a different person. This time I offered $3000.00 This person said they would contact Capital financial and let me know. Then after somedays he called back and told me they would agree for $4000.00. At this point I offered $3500, the person said he would email the Capital City. Since then its been a week and I have tried calling once where he said he has not got a response and has emailed them back.
7. Where do you live?
I live in Columbus OHio
8. When is the last time you paid on this account?
According to the person at Babcock and Wasserman who I talked to first time my last deposit was in
9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or b) looking it up online (many states have this information posted daily).
As per the court site Status: open.
The last docket was Certified Mail Delivery Successful
10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
The debt has not been reported to the credit bureaus. I pulled a recent report and it does not show up. Not from Citibank , New Century or Capital Financial
11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.
No I did not.
12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
YES. The summons says I should reply in 28 days. I should send a copy to the plaintiff attorney and then file a certificate of service.
13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?
Exhibit A : Generic Credit Card Agreement
Exhibit B: Attested Affidavit and Statement of Account
This is basically a letter from Director of Litigation of Capital financial Credit LLC saying I had an account with Citibank and based on the agreement I am supposed to pay such and such amount with interest rate and other stuff
Exhibit C : Bill of Sale Assignment and Assumption agreement from Citibank to New Century Financial and another from New Century Financial to Capital Financial Credit
14. What is the SOL on the debt? To find out:
I got the credit card in MS but since then I have moved to OhIO.
The SOL in MS was only 3 years but in Ohio I saw that its 15 years and I read they can use the SOL of the state I reside in, so unless I have wrong info I am under SOL. Please guide
I appreciate any and all help. I tried posting as much information as I can. I just want to know how to approach this and where to start.
Should I wait for their offer and settle ?
I know I have to file a response, I was wondering If I should wait and file it with the agreement made with them or just go ahead and file the response. At this point I have 20 days left to respond.
Also I am going to post the complaint, Can please somebody give me suitable answers.
Can somebody tell me how to edit the post I made