Capital One/Kohn Law Firm wants to sue me

See the dates when Capital One has issued the court papers. Also, verify if the payments were done after those dates when the court papers were filed. If this is the case, this company doesn't have a strong reason to sue you in the court. It's just that you have to call them and notify the payments so that the case can be withdrawn.

In case, the court papers have been filed after the payment has been collected, you need to show your proof so that the judge makes the decision in your favor. The case can only become stronger against you if the payment has not been posted towards the account. Is this account included in the consolidation program? If so, you need to talk with the counselor also.

They have been in my consolidation program for two months now and the papers were filed in between the first payment and the second payment they just received. So the papers only show me making one payment and there is also a statement on there saying I am refusing to pay the debt which is not true. If I'm refusing to pay this debt then why would I have them listed in my consolidation program. I've been doing research on this Kohn Law firm and I've also talked to my credit counselor. They just want the money faster and its a way for them to try and get a percantage of it. My counselor also informed me that I can file Chapter 128 (STATE OF WISCONSIN RESIDENTS ONLY) and it's a 3 year debt repayment program that prevents any judgements from happening and interest from accruing. It cost less than 100 to file and it goes through the courts so any creditor I list will have to follow it. Capital one is going to be the first on my list...YEAH FOR WISCONSIN AND CHAPTER 128

If this type of bankruptcy works for you without many negative consequences, got for it. However, I will suggest using it for such companies like Capital One, HSBC who are the toughest to deal with and won't accept any payment arrangements. Since the court paper was filed after the first payment done by you and you have proof of the second payment also, the company didn't have a strong case against you in any way. Ask your counselor if you really have to file this bankruptcy. Can this matter be solved in the court without filing for bankruptcy? (My thoughts)

I too was taken to court by Kohn law. I showed up and by luck they had misspelled my name so I used that as a defense and asked for validation. Their lawyer said I was not entitled to validation, why is that? I was given a trial date and now have to file answers as to why I am contesting. Oh and they didn't even have my ss# to verify my identity.

A clerical error will not be enough to dismiss a suit. You are entitled to validation but you now must follow your local rules of civil procedure in order to receive it. This will have to be in the form of Discovery, Interrogatories and Requests for Production of Documents. What state are you in?

I live in Wisconsin. What is Discovery? I am trying to fill out form SC-5200V to answer why the matter is contested. Do I have the wrong form and what should I be doing? Thank you.

Betty,

When was the last time you paid on this account?

Kohn law firm is very difficult to deal with, even if your making payments they are all about trying to sue everybody.
Since you live in Wisconsin maybe you should look into Chapter 128. Chapter 128 will stop a judgement.

I haven't made a payment since the year 2002. This was to another collection agency though. I have all my old records. To the original creditor it has been since 2000. There was no bad checks it was a clothing card not even a credit card. The only place you could use it was online. Their lawyer was mad that I asked for validation and whined that he could not get everything I asked for in my letter of validation that I presented to him. He also told the judge that I could not ask for validation. Now I have to file a response to the complaint withing ten business days and I am unsure what to put down. Oh and the collection calls are getting desperate. I keep getting one every few minutes.

Find out exactly when that last payment was made in 2002. Not only does WI have an SOL but they also have a Statute of Repose which extinguishes the debt upon expiration of SOL. If it has been 6 years, then the debt is legally extinguished and uncollectible. :twisted:

Wisconsin

SOURCES: Codes, 1880, Sec. 2685; 1892, Sec. 2755; 1906, Sec. 3115; Hemingway's 1917, Sec. 2479; 1930, Sec. 2313; 1942, Sec. 743

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.ht m&vid=WI:Default&d=stats&jd=ch.%20807

893.05 Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.

I got thrown into a contract with them over a year ago. I was forced to pay them 646.00 a week for three weeks, then they made me auto pay 6 payments at 433.00 a month or else they would put a judgement on me. My original loan was for 6460.00 in 2004. My husband lost his job after 20 years and I defaulted on a few payments to Beneficial Finance. Due to the interest and penalties I now owe 19,521.71! Take into consideration all the payments of 206.00 a month to Beneficial Finance since 2004, and the 7,134.00 I have paid to Kohn Law Firm I now only owe 19,167.03. Am I getting screwed or what. Shouldn't interest and penalties stop once the note is assumed by someone else. I am never, never going to get this paid off. I need advice and quick.

Bayla if you live in Wisconsin. I would recommend looking into Wisconsin Chapter 128.

i am being sued by kohn they wont take payments,i called them and dont want to deal with them again i dont want garshment either.What do i do

Yep, they are pretty nasty to deal with. When I was dealing with them a few years ago for my capital one credit cards I was making payments of over $100 to them through my debt management company and they still wanted to sue me. My Debt counselor who works at a non for profit agency in Wisconsin said they Kohn Law firm is very sue happy and she sees a lot of her clients having a hard time with them. I would suggest doing what another poster above mentioned and looking into a Wisconsin Chapter 128 (if you live in Wisconsin) which I'm assuming you do dealing with Kohn Law firm. Here is one of many threads talking about the 128.

http://www.debtconsolidationcare.com/settlement/wisconsin-chapter.html

How do I file for Wisconsin Chapter 128? Do I need a lawyer or is there a form available that can be filed?

i owe 26,000 unsecured loan and haven't paid since Oct of 09 i am getting getting a atty fry office from virgina for my capital one loan doing all the calling the payments were 570 and i lost a lot of liquidy and could not keep up ,i contacted a dedt specialist who stated ! i picked the asshole of all companys ,they are very agresive and sue happy and he would not take it on a bet what due i due hirer a atty in my state of mass.?any suggestions

what happen to my post I have tried to deal with them and they never call back and if they do they do not leave any message just continuous calls with different numbers. I acknowledge that I owe the money but they have tripled the amount and now have a judgement but will not deal with it am willing to pay but not the amount it keeps adding up. I was not told about the chapter 128 in wisconsin by anyone what should I do would like to begin to pay up my bills but am not working at the moment haven't for over 2 years no jobs in our area and had frequent eye surgieries in the last 2 years.

Kohn Law Firm are crooks to say the least. They have a bunch of hood-rats working collections for $8hr who think they're hot shit because they have a cubicle. I had a credit card from when I was 18 that I charged $1800 on, paid 2 $100 payments on and Kohn Law Frim sued me for $7500 +interest. There should be a law about payinig more than 3x the original amout owed. I was 18y/o and should have never been sent a credit card with a $5000 limit when I was in college and had NO JOB = NO INCOME to pay the bill! But all lawyers are crooks. Its just a shame that they have Marquette Law School plaster all over their website. You'd think a reputable college like that wouldn't want to have any sort of affiliation with a sleezy law firm like Kohn.

Good Luck! I'll be paying cash from now on!!! LOL

I would call 866-833-6398 they don't take any upfront fees and you pay the creditor directly and they only charge a small fee after the settlement letter is sent directly from the creditor or it's agent. They can settle between 20-35 cents on the dollar.

Go away bozo. DO NOT CALL THIS NUMBER DO IT YOURSELF

i also was sued by kohn law,2 times..relentless. so i said fine dont work with me. im filing for bankruptcy... they are working with me now...i decided to file anyway... my credit is shot anyway, right?

kohn law firm is very sue happy, they are very quick to garnish wages and they do not care about
what effect it has on you. I too went thru a debt collection agency it did no good at all, I am further in debt now thenI have ever been. kohn law firm just plain sucks

I just recently dealt with Kohn Law Firm regarding a payday loan from the cash store. They offered me a deal and I explained to them I will not pay over 1800.00 which was for the original check. She didn't know all the details of the situation and I told her I had the CFSA involved. Needless to say, after a few days, Cottonwood pulled the account out of collections and I am now making payments on MY TERMS to them.

My husband and I filed Chapter 13 due to a foreclosure and other circumstances that had occured. Perhaps Chapter 13 is an option. I heard also Chapter 128 was for medical bills and such? I don't know...just throwing it out there.