Complaint Review: Capital One/CIR Law Offices - San Diego California

This firm is making illegal threats. They can't take you to court without your knowlege and they do not have direct legal power over you. This debt may be time-barred/past the statute of limitations.  Usury and Obama have nothing to do with this issue. The age of this default and whether or not it's past the statute of limitations is the only thing that matters here.

When did you default and last make payment on this debt? There is something called the statute of limitations, which is the amount of time that they can take successful legal action

There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts."

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

If the number of years since you defaulted on this account and stopped making payments on it is greater than the number listed for your state, then they can no longer defeat you in any court action because the debt is  time-barred and you dont have to pay it back.

DO NOT make the mistake of making a token payment to them or admit in writing that you owe the debt...if you do, you will reset the statute of limitations.

Be sure you understand your rights...don't let them scare you.
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Send this debt collector a letter via Certified Mail with Return Receipt (NOT regular mail) stating:

Per the Fair Debt Collection Practices Act, I am requesting validation of your claim, to include:

- a copy of the original signed contract with my signature
- validation of the original "Date of Delinquency" for this alleged debt
- validation of the "Date of Last Activity" for this alleged debt
- validation that this alleged debt is within the statute of limitations.

This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.

According to this company(CIR) they claim that they have the permission of Capital One to go after me and collect a debt that Capital One wrote off as a Charge off many years ago. 

- A "Charge Off" is strictly an accounting term creditors use on uncollectable debts.  Regulations Require them to remove these debts from their "books", but it does not release the debtor from the amount owed.

Destroy my credit (which they did)

- If you mean place a collection account on your credit..Yes they can as long as they follow the Fair Credit Reporting Act.

take me to court without my knowledge and file a judgment against me,

- Take you to court..Yes.  Without your knowlege..No.  And ONLY the courts can file a judgement against you.  So the only thing I will say about this is if you are sued GO TO COURT and defend yourself.  Also, depending on how many years ago this actually was you probably should take a look at the Statute of Limitations.

attach to my bank account any monies that they are owed and garnish my pay check to take their monies.

- IF they have a valid judgment and those are allowed in your state..Yes they can.

 I went on to tell them that that is why Obama in 2010 has changed the way the credit card companies are allowed to attack people.

- You probably should go back and read what "new" regulations actually state.  Then ask yourself why did they give the Credit Card companies over a year before a majority of the new regulations would go into effect.

If they didn't use usury in the first place it wouldn't take people 20 or 30 years to pay off a debt.

- Actually if people didn't USE the card in the first place, there would be no need to pay off any of the debt.  After all there was no one from the credit card company with a gun to your back forcing to use the card.  For what ever reason you felt that you needed to use it, and by using it agreed to pay the credit card company back per the terms of the account.