Being Sued By Kohn Law/Capital One

Below I’m doing my best to constructively blow off steam and update people who asked me about why I was being sued.

While sitting in court yesterday waiting for my name to be called, I decided to tweet:

Being sued by Kohn Law… lol Might blog about it later.

Of course, people had questions. Here are the answers…

Getting Knocked Off The Horse

For those of you new to the life and times of miltownkid, last year I had a manic episode which landed me in Milwaukee County Mental Hospital (I’m bipolar). I can’t speak for all of the bipolars of the world, but when I have an episode it takes anywhere from 6 months to a year and a half to “recover.” That’s how long it takes for me to feel like myself, start working/earning money, be social and take care of my responsibilities.

While I was recovering I had my cellphone turned off and stayed in bed or laid on the couch most of the day, watching TV and playing video games (at my grandma’s house to top it all off… lol)

My Capital One Card

When I moved back to the US from Taiwan I figured having a credit card would be useful (it was.) My buddy told me Capital One would hook me up (they did.) So in July of 2007, I had a shiny new credit card with a… $500 limit! BOOM!

From 2007-2009 I stayed on top of my payments. Maybe I was late a couple times, or went over every now and then, but nothing too bad. That is, until I went into hibernation after my manic episode.

Waking Up From A Nine Month Nap

I obviously wasn’t sleeping for nine months straight, but I might as well have been. From October ’09 to June ’10, I lounged around, watched TV and movies, read the Dune series, played a lot of Monster Hunter Tri (a Wii game), hung out with grandma… You get the idea. Don’t feel bad for me! Even though I would have much rather been doing… SOMETHING, a life of leisure at Grandma’s house aint so bad (I forgot! Mom made me paint her house! I hated painted that house! At first… then it turned into that SOMETHING I was looking for.)

I started running regularly near the end of May. After my body woke up, my mind slowly started to emerge from it’s slumber. Then on June 10th I journaled this:

My previous two entries were from April 24th (a dream) and December 3rd (internal dialog about Pwning Life.) For a guy who journals everyday (often multiple times a day), that is sleeping.

I pretty much ignored everything between Oct. ’09 to June ’10.

Getting Back On That Horse

The focus of this post is drifting… Basically in June I was like “What the fuck am I doing at Grandma’s? Time to make power moves!” and in July I moved back to Milwaukee. That’s when I started opening my mail and calling people back. That’s when I connected with Kohn Law (from them calling me or me calling them.)

Kohn Law

After contacting Kohn they told me I had to pay or legal action might happen, etc. I didn’t actually think legal action would happen. So many places say it that you stop believing it! 🙂 I got something in the mail from them telling me I could request “verification of the debt” within 30 days of receiving that letter. So I did. Whoever I spoke with on the phone didn’t seem to like that.

At some point before or after that call (I can’t remember), they asked me to tell them a bunch of personal stuff (how much I made, how much I spent, etc.) I didn’t feel like doing it over the phone and told them I’d email it to them. They declined… I thought that was weird. I even let him know that I recently posted exactly what he was looking for online.

Sometime after that I get a call from my old apartment-mate about a guy trying to serve me some papers. I called the guy and found out it was from Kohn Law firm. I was all freaked out because… I wasn’t sure how this worked. I hired a lawyer to help sort it all out.

The lawyer told me they should be willing to settle out of court. I’m like cool. After some back and forth, they decline both of my offers. One was for $500, the other $580 (the amount owed before all the late fees) plus legal fees (maybe around $750 total). I was also going to pay it all over 3 months (half down, then 1/4 and 1/4). They wanted more money and NOW.

Well… I didn’t have more money so…

I’ll See You In Court

I’m no lawyer (obviously, if I was I’d tell myself not to blog about this 😉 ), so I might be technically wrong about being sued (at this point). Yesterday’s thing was with a commissioner. She asked me if I owed the debt. Instead of answering, I immediately requested to have an “evidentiary hearing.” I honestly don’t know exactly what that is… lol I’m sure she knew I didn’t know, so she explained it to me. I tell her it’s what I want to do and that’s when one of the lawyers for Capital One steps in “Oh, I thought we almost had a settlement agreement didn’t we?” (No you fuck heads, you declined my offer, fuck you.) They ask me about my legal representation and I tell them I was using a lawyer to negotiate the settlement (like I could afford to pay for anything beyond that! Fuck heads.) They ask for a new date to be set so they can confirm with my lawyer that he’s not on the case etc.

Now I get to go back on the January 18th, 2011.

Stuff Learned And Getting Pissed

For the record, I’m not trying to get out of paying an old debt with legal tricks. I want to repay my debt, just in a way that doesn’t dent my savings account too hard or put me in a position where I can’t take care of other responsibilities. That said, there is a TON of information out on the interwebz about “sticking it to the man.” 😀

I found a lot of quality information about sorting out debt stuff on these two forums:
DebtorBoards.com
Debt Consolidation Credit Repair Service

I’ll follow up to this post when I figure out what steps I’m going to take to clean this situation up. I was REALLY upset when I got back yesterday. I think it was from the lawyers being like “Oh, aren’t we about to settle?” When they really wanted to see if I would even show up (if I didn’t, they automatically win.) Fuck them (I’m still a little pissed. 🙂 )

Anyhow, when I got home yesterday I thought to myself “I wonder if they have a Twitter account?” They didn’t (registered), they didn’t have a YouTube account either (I’ll take that too). For good measure I thought I’d buy the .org of their domain name. Now I’m the “proud” owner of:

At the time I was like “I’M GONNA Q#($#%@#()& SOMETHING!!!” I’m calmer now. I’m not sure what I’ll do with all that stuff, but I’m thinking about putting together a simple resource for people who are having action taken against them by Kohn Law so they can save energy (from stressing/getting pissed), time and money.

Even though I’m pissed at them, it’s cool that they’re one of the (or the) biggest debt collecting douchebag lawyer firms in the nation and they’re located here in Milwaukee.

To be continued…

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6 Responses to Being Sued By Kohn Law/Capital One

  1. Magdalicious says:

    Booo being sued! It’s a little ridiculous that they refused the payment plan and then were douchey about it at the hearing.

    Lawyers … to bad I didn’t get my law degree 😉

  2. I dont know your whole situation but If there are debt collection violations you can usually sue and win or settle. If you need an attorney who will sue on contingency just email us and we will get you a referral. Ususally you can cancel out the amt owed if you sue for the federal debt collection violations, sometimes you will get more. I usually see $1k to 4k range settlements.

  3. Penney Morse says:

    Sounds like you handled it well:)

  4. Getting sued sucks. Sitting in the courtroom waiting for trail is the worst feeling in the world. I ended up settling out of court. Good luck on this one.

  5. Bob Potters says:

    You sound like a 100% deadbeat and people like you make other people contribute more than their fair share to society. Pay your debts and shut up.

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