Expert: Ray A Miller - 12/17/2008

Question
QUESTION: My wife opened a credit account before we were married.  I was unaware of this account.  She defaulted.  They are suing both and each of us.  I explained the time line of the credit agreement (siting separate indebtedness) in an answer to the court.   The attorneys for Capital One sited a couple of court cases in their response.  Lorenze-Auxier Financial Group vs Bidwill and Ellsworth v Ellsworth.  Can you tell me where I can find info on these cases?  Also, the original debt was less than $1000.00.   In a phone conversation, they were threatening and recited all of our children's ss#'s and then hung up after my wife made the offer.  Any advice is appreciated. (I live in AZ)

ANSWER: This is a tough one.  I can not find these court cases and believe me, I tried.  Dispute with Cap One the fact that you have anything to do with this account.  Tell them (and mean it) that you will report them to the FTC (Website: www.ftc.gov) the BBB of your state and the Attorney General of your state.  Put all of this in writing and be sure to keep copies of all correspondence. If you have a friend who is an attorney, they can probably pull these cases for you, but I think they are bogus and were used to "impress" you.  This stinks so bad, I may turn my Cap One card in.  Good luck with this!

---------- FOLLOW-UP ----------

QUESTION: I have just discovered, while trying to file a response to the court, that I am being sued twice for the same thing.  I have had two separate services, and also have two separate court case numbers.  I believe this has been done to confuse the cases and result in a higher likelihood of default on my part.  Can you tell me where I can find, or provide, legal terminology to motion for dismissal on the grounds that I am being sued twice for the same thing?  Because of the confusion, I must respond on the first case in the near future (dec 24) or I will have lost by default.  I am telling you this as I have little time to consult with an attorney before my next action and I want to motion for dismissal ASAP.  Thank you for your help!

Answer
Mike

I am sorry, but you will need an attorney for this.  Have your attorney file for an extension and then start the counter suit.  I wish I could help but, I am not an attorney and I try to stay away from legal advice.  I can say that I think an attorney can "help" you get Cap One on the run!

Good luck with this my friend.

Ray A Miller