Currently I have a debt with capital one. A law firm, who holds itself out as debt collector is now suing me as a result of that debt.
The lawsuit is labeled capital one v. me. Shouldn't the collector's name be included instead of capital one's name in the lawsuits title? I.e. debt collector v. me.
No, the collection agent is usually not involved, as an owner of the debt.
The owner files a lawsuit, and is the moving party against you.
The owner of a debt, will be the original party you dealt with, or a possibly debt buyer that has purchased the debt, which appears not your situation.
Collection companies are often just agents, for the owner of the debt.
You would likely benefit from conferring with an experienced debt defense attorney, in defending collection lawsuit.
General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
The way the law suit is set up is quite appropriate, as my colleagues have already stated. It is the creditor, not the collector, who has the right to seek a judgment against you.
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The simple answer is no. Capital One is the "real party in interest" to whom you owe a debt. The only time that a debt collectors would be plaintiff is upon assignment or purchase of the debt from Capital One. Your factual allegation is not a defense to the claim. I encourage you to seek competant legal representation without delay to avoid the imposition of judgment by default.
It depends on if the law firm/debt collector is a debt buyer and actually bought the debt, or if they are merely providing contracted services. If they did not buy the debt, then no, the case should be styled Capital One v. You. If they are an assignee, then they must have provided notice of assignement under Florida Statute 559.715 prior to filing suit in their -- the debt buyer's -- name. www.LeavenLaw.com
This answer should not be construed to establish an attorney-client relationship. Please consult a licensed attorney in your state and visit www.FloridaBKLawyer.com or www.ConsumerRightsGroup.com for more details.
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