Successor to Interest....

[pace13]

Hello,

I've done some searching but couldnt find something that would specifically help me with my question, so my apologies if my lack of searching skills is revealed by a repeated question...

I have a law firm saying that they are the "Successor in interest to cap one bank" they are subpoena-ing the company that i have my auto loan through, asking for "ALL records under the defendants name or ssn".

I have scoured my credit report and I have one old charge off where the DOFD was 6/05, I'm in CA so I believe the SOL is 4 years? The amt on THAT CO was like $578.

I DID have a credit card with them them and it was for about $3000 so I'm sure that is what its for but I cant find any info about it on my credit report (both transunion and Equifax). Since its not on any of my reports I cant see the acct # or the DOFD, etc.

So as we are starting the process to clean up our credit, my initial reaction is to call cap one bank, to verify myself the debt and arrange pmts. Not looking to get out of the debt, if i borrowed it, i owe it. Just went through a rough stretch...as alot of us did.

Just looking for some insight on how to procede.

Thank you in advance for your time,

-Jeff

[Trish]

I'm a bit confused why they would be subpoena-ing the company that you have your auto loan through :confused:
Are they trying to serve you? Can you maybe post the letter (leaving out identifying info) so I can see just what they are asking for?
Just wondering if you have been actually served or if this is some shady collection tactic.

If it is on an acct that is out of collection SOL for your state, it would definitely be a good idea to contact Crap one and see when the acct was charged off and what the DOFD was. They will be able to find you by your ss# if you don't have an acct #.

[Scorepro]

This is very odd. A subpeona is a discovery tool/tactic used in relation to a lawsuit. Yet, u don't seem to be aware of a lawsuit against you. I would check the court docket system in your county and see if a lawsuit has been filed against you and u may have not been served. If that is the case, ur method of attack is different. Very important to check that out because if the case is progressing without u being served, u need to file a Motion to Quash based on not being served. Why subpeona the auto loan lender? Have u moved around a lot thereby making it difficult to find u??

[Scorepro]

Is the charge off for $578 and the $3000 both Cap one accounts? So u recall a cap one account for $3000 but it doesn't appear on ur credit report anywhere? Are u looking at a report from one bureau or do u have reports from all 3 bureaus?

Also, how do u know they are subpeoning the auto loan company? And who is the company requesting the information?