Cap One "pre-legal" notice

[lillymarlene]

Well guys got another one for my second Cap One acct - this acct is "only" $900 and change, so they can (and do) go to small claims...SAME exact letter but interestingly on this it says plainly serviced by NCO Financial...it does say that no decision to sue has been made yet...

Any thoughts on whether NCO ALWAYS sues for such an amount?

They probably would sue for such a small amount. The 2 creditors that ended up suing me last year, were my smallest. (A debt management person, encouraged me to file fast, since she said that the rest would probably soon follow.)

Then, also have you tried sending these Collection Agencies, cease & desist letters, where you say you will only deal with the original creditor? I was able to hold off some of these jerks for over a year, all of 2009. Some of my BoA cards even switched collectors a couple of times, ie., from Zwicker to Fred Hanna and then to a "local firm" in my state, that finally summonsed me to small claims court.

[IamOld]

THANKS!!

Well if cap one sues directly they always sue in one county, and then I can
ask for a change of enue...would you suggest sending such a letter to them?

[lillymarlene]

Cap One was one of the creditors suing me last year. This was approximately 9 months after I had stopped paying them. They only got as far as having a summons taped to my front door, for the "pre-trial" phase. (Shortly after that I BK'ed.) The firm they chose to represent them, was located in my state, but about 100 miles away.

[IamOld]

In my state they can represent themselves in small claims court - IF that's what they still do (by the way, ironically) there is a Cap One ad right above the quick reply box here...) then they'll sue me where they're domiciled here AND that means I should be able to ask for a change of venue...

THANKS SO MUCH!!!!

[ryan]

Any thoughts on whether NCO ALWAYS sues for such an amount?

I have been getting mail from NCO for a $1400 debt for about 8 months....I do have to say of all the remaining creditors who have not already sued, they are the ones I expect may be likely to sue at some point. From what i understand, these smaller amounts have a higher rate of collection by lawsuit, than the big amounts.

[IamOld]

I have been getting mail from NCO for a $1400 debt for about 8 months....I do have to say of all the remaining creditors who have not already sued, they are the ones I expect may be likely to sue at some point. From what i understand, these smaller amounts have a higher rate of collection by lawsuit, than the big amounts.

Thanks RYAN - that's sort of what I think...at least the bigger amounts can't go to small claims....