Legal Question in Credit and Debt Law in California

It's your lucky day, in a sense. Since it's not your debt, Capital One or its collection agency owes you a free $1000 plus any actual damages, plus your attorney fees, for violating the state and federal Fair Debt Collection Practices Act. As to the lawsuit against you, I would be very happy to defend this case for you for a fixed fee of $100 plus court filing fees of $395. The catch is, I get to keep whatever attorney fees I am awarded from Capital One (minus $100). Last time I collected a hefty fee from Capital One and refunded $100 to the happy client. After that would come the debt collection practices lawsuit, if you want to pursue it. Remember your response to the lawsuit must be filed within 30 days of when you receive it.

It's hard to beat the deal you were offered by attorney Stone but I would first immediately send a certified letter to the attorney suing you giving him or her 15 days to dismiss the case and stating that you will sue Capital One for violations of federal and California fair debt collection practices laws if the case is not dismissed as requested. Make sure you mention that you do not owe anything to Capital One, that the account is not yours and that the lawsuit is a mistake. If that does not get the case dismissed be ready to answer the complaint within 30 days by hiring Mr. Stone or another attorney to pursue compensation and attorneys' fees for violations of consumer protection laws.