Legal Question in Credit and Debt Law in California
Settled and Paid in Full 3 mos ago, now they are suing for the full balance all over!
I closed my Capital One Platinum credit card account earlier THIS year (around April 2015) in writing because it was reflecting $4,000+ in erroneous charges from Best Buy, taking my credit limit from 20,000 to a 23,000+ balance, which was nearly 4,000 'over the limit'.
Instead of investigating and correcting my balance, Capital One pretty much immediately forwarded my account to a collection attorney.
3 mos ago I received a letter from the collection attorney stating CapOne will accept 45% as settlement in full. I sent a check for that amount ($11,000) which they have since cashed, and so I considered the issue settled in full and embarked on the process of repairing my credit due to the few month the account was not paid while overlimit/disputed and until it was paid off.
Now 3 mos later I am suddenly served with papers showing they are now suing for the current full amount $24,000 as if they never settled!
Since being served, my blood pressure and stress levels are severely escalated causing me to take time off work while trying to fill out the answer and accompanying documents to their frivolous, ruthless, harassing lawsuit.
There is a space on the court's answer for what 'Defendant Prays' for, which I am thinking would be where I include any 'counterclaim'? - I'm not sure what sort of things qualify for that but would hope I am awarded substantial damages for this taking weeks off my work and possibly years off my life; to start, how do I calculate 'Attorney Fees' for defending myself in this ruthless scheme being perpetrated by the attorney for Capital One?
I already spent my 'life savings' (11,000) to settle this debt and now they are pretending it was never settled and demanding it all over again. I cannot afford a lawyer so will go at these vultures head on pro se for all the loss and aggravation they have caused. But could use some help with calculating what i 'PRAY' for and/or counterclaim!
1 Answer from Attorneys
You need to file a cross-complaint to collect damages from the credit card for fraud, emotional stress and punitive damages. State courts do not have counter claims. In your answer you can raise affirmative defenses: that they agreed to settle for $11,000 .and that you have paid $11,000 to them through their attorney. You will need the $11,000 cashed check as proof of payment.
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