Capital One Bank sued against me and Richard Daniels Law Offices in Boston, MA?I'm going to describe briefly with some example of figures. Recently, I went to creditreport.com and found that I owed 5K. All went to collections from credit cards. One of them is Capital One Bank. So I sent me letter with generous offer. I sent a letter back requesting original contract and all... | |
It appears to me they sued you under a contract theory. Basically they would need to show a contract (the terms and conditions of a credit card), use of the card (not every use of the card just that you accepted the card) and the final balance due. There are some specific laws in disputing credit card debts and you have the right to dispute them within 60 days of receiving the monthly statement or they are deemed accurate.
As much as debtors would like it, there is no way the law will require the credit card industry to prove every transaction. The cost of credit would sky rocket and the economy (which runs on credit) would come to a halt.
Now it is not an issue of charges, fees and payments, but they have a judgment against you.
Pay the judgment quickly and be done with it. The cost of a simple state court appeal could run into thousands.
If you lost the case, then the lawyer was right, you're wasting your time. you have to pay. You should pay the charge.
Did you ask them why they didn't show all the records for the account?
how is this even a question
