Capital One Credit Card
Keeps Suing Me Taking me to court for second time after judge had already dismissed first suit

About four years ago, I got a phone call from Capital One asking me to pay my credit card. I asked them what card as we hadn't had any cards for a few years. They were unable to give me an account number, and when I asked them to please send me a bill with the charges and amount due to my address, I never heard from them again.

In the sheriff comes to our new house in a a new city with a law suit from Capital One against me. I was very amused about this considering I hadn't spoken to them in years, and we had only lived at the new address for six months. We hadn't had any mail or calls from them since the one and only call in 2004.

Since I felt I did not owe them anything, nor would they bother sending me any information on my "debt, " and since I'm not paying just anyone that calls me claiming to be a creditor without written information, I decided to go to court and argue my case. I drove an hour to the county seat (we live in a rural area now), and after waiting for two hours, the judge started rattling off names of cases that could be quickly dispatched. Among the many Capital One cases, which were all dismissed, was mine and that was also dismissed.in fact, I was the only defendant there AND the lawyer representing Capital One didn't bother showing up either. I thought I was done with them.

Two weeks or so ago, the sheriff pulls up again with another suit for the same account. This time when I go to court, I will have to make sure the judge dismisses the case with prejudice so they cannot sue me a third time for the same thing. Another couple of hours of travel, wasted time and wasted gas, as well as paying for child care.

If they were serious about this debt, I would think they'd at least send me a statement, or perhaps send an underling from the law firm they pay to sue people, but I've gotten neither. I know they're hoping I won't fight it so I'll pay them money, but I don't owe them anything so I will fight it.

They are wasting my time, the court's time, as well as their money to pay for a lawyer to file these time-wasting law suits for a debt they can't even bother to prove I owe. Is there a way to stop them from filing frivolous suits and wasting money? I'm not happy about a case being dismissed once then refiled. It was also after the statute of limitation, but I won't even get into that.

Company: Capital One Credit Card
Country: USA
State: Utah
City: Salt Lake City
Site: www.capitalone.com/creditcards

  <     >