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Captial One Suing - How panicked should I be?

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  • #16
    I was sued by Capital One, July 2010. I answered the summons since, I knew I didn't want a default judgement. At the "pre-trial" phase, I just said that I didn't really understand a lot of this, and that I needed time to obtain counsel. My case was continued for a few more months, which of course gave me time to file bankruptcy.

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    • #17
      ^^
      Thanks.

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      • #18
        Originally posted by Freddy03 View Post
        I'm not sure what state you are in but in most states you have 20 days after you were served to answer the suit. If you goggle "how to answer a credit card summons for your state" it's usually pretty self explanatory. I requested a copy of the contract, copies of all statements, collection letters, etc. In my state the signed contract is not required for them to win but it does stall them a little.
        You requested that of the CC company directly before the hearing or AT the hearing?

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        • #19
          Since I wasn't home when they tried to serve papers I have no way to know yet when or where to meet. I'm thinking about contacting the attorney to get a copy, if that's possible. I won't share any info with them. I just want the info I need to answer the summons. Haven't been able to find it online.

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          • #20
            Originally posted by AllMyDefault View Post
            Since I wasn't home when they tried to serve papers I have no way to know yet when or where to meet. I'm thinking about contacting the attorney to get a copy, if that's possible. I won't share any info with them. I just want the info I need to answer the summons. Haven't been able to find it online.
            Please tell me if asking the lawyer for a copy of the summons would be stupid.

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            • #21
              I thought usually they mailed a copy as well. Usually, they'll send two; one certified return receipt, and one regular mail.

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              • #22
                Originally posted by AllMyDefault View Post
                You requested that of the CC company directly before the hearing or AT the hearing?
                After I answered the summons about a week later I sent them a request for documents. The never supplied them. Here in FL they try to make you go to mediation first before a hearing. We went to mediation about 90 days after I was served. At mediation I never agreed to anything because the amount they were suing me for listed on the summons was different then the amount they showed up with at mediation. The amount listed on the summons was a less than what my actual balance owed. Does that make sense?? LOL So it was continued for another date. I requested again copies of everything and submitted a copy to the court. Within 20 days Capital One put in for a dismissal. They never refilled. I ended up filing Ch. 7.
                "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

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                • #23
                  I just wish I knew if there *was* a hearing and when it might be. I searched my county online database of civil litigation and my name is not on it.

                  As far as I know, no one has been back out to my residence to try to talk to me or serve papers.

                  I'm not sure whether I should call the lawyer's office and ask for a case # to look up online or ask them if there is a hearing date.

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                  • #24
                    Originally posted by Pjmax View Post
                    I thought usually they mailed a copy as well. Usually, they'll send two; one certified return receipt, and one regular mail.
                    I received two: One regular mail and the other taped to my front door for all my neighbors to view.

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                    • #25
                      Originally posted by lillymarlene View Post
                      I received two: One regular mail and the other taped to my front door for all my neighbors to view.
                      Hmm. I haven't received any such.

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                      • #26
                        Cap One sent me several notices demanding payment with a server, way b4 they sued me. It may not be a suit yet. They looked legal but had no judge or clerk signature. So I ignored them. When I started getting letters from attorney offering their services i knew I may get served a suit. Then it came next day or so. It came June 2008, I ignored and let them get a judgement in October 2008. ( I had went to see a attorney who told me to file or not file since i had no income or job. Cap One then send me a court order December to provide my bank account, pension, job etc. I did not want to provide it so , I filed to get it over with. I wish i would of just filed to begin with and get it over with. I had not paid any ccs in 18mos, and Cap One was only one that sued.
                        chpt 7 ,5-2009

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                        • #27
                          Originally posted by Floridagail View Post
                          Cap One sent me several notices demanding payment with a server, way b4 they sued me. It may not be a suit yet. They looked legal but had no judge or clerk signature. So I ignored them. When I started getting letters from attorney offering their services i knew I may get served a suit. Then it came next day or so. It came June 2008, I ignored and let them get a judgement in October 2008. ( I had went to see a attorney who told me to file or not file since i had no income or job. Cap One then send me a court order December to provide my bank account, pension, job etc. I did not want to provide it so , I filed to get it over with. I wish i would of just filed to begin with and get it over with. I had not paid any ccs in 18mos, and Cap One was only one that sued.
                          About how long was it from the time they started sending documents to you with a server, until they actually sued in June 2008?

                          I'd like to file and wonder about how long I have before they get serious.

                          I've heard that many times: Cap One are the only ones to sue. Funny thing is I owe them the least of any creditor. It's kind of ridiculous. The only thing they'll accomplish is pushing me to declare. In the long run, that'll may be better so that other creditors can't come after me if things do get better. I suppose I should thank them for that.

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                          • #28
                            Originally posted by AllMyDefault View Post
                            About how long was it from the time they started sending documents to you with a server, until they actually sued in June 2008?

                            I'd like to file and wonder about how long I have before they get serious.

                            I've heard that many times: Cap One are the only ones to sue. Funny thing is I owe them the least of any creditor. It's kind of ridiculous. The only thing they'll accomplish is pushing me to declare. In the long run, that'll may be better so that other creditors can't come after me if things do get better. I suppose I should thank them for that.
                            AMD, they're not the only ones that sue. I have a judgement for an HSBC account, only about $2000. It was filed about 1 yr. after I stopped paying. (my first job layoff was 4/2009.) Two more accounts just recently were acquired by the same JDB attorneys (Midland and P&P) so I expected suits on those. I filed Chap.7 8/29. I wouldn't stress too much over it. Why not start interviewing lawyers now, getting paperwork together for possible filing, etc. From my point of view, it will cost an additional $350 to have my lawyer file to vacate the judgement and I can't deal with multiples, and even though there is nothing for anyone (except the IRS) to take, the aggravation of dealing with it all, was just too much. As others have said, I wish I had filed a year ago. I recently realized it's almost a pleasure to check my mailbox these days, and find only sales flyers.

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                            • #29
                              I would say they sent seriously looking like lawsuits letters for about 6 mos, I ignored them. Mine was 6000 and judgement ended up being 8600. I really think Cap One knows they will not get the money, but they must get a tax writeoff for the debt and that is reason they run up the legal fees .
                              Chase cc sued my daughterinLw and when it got to court they suggested bankruptcy to her. ( She filed 13 her pmts to court were 2700 for about 9mos Included the house pmt and errears, then it got dismissed due to not paying each month on time) Now about 18mos later noone has sued her since. She is letting the house go, so she went to see attorney and he told her to file chpt 7 when the bank sends notice of forclosure and they will have 24mos more months to stay in house. My hubby has about 8 cc (none cap one) 28 months of not paying. No lawsuits yet.
                              chpt 7 ,5-2009

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                              • #30
                                Originally posted by Pjmax View Post
                                AMD, they're not the only ones that sue.
                                Ditto. During April 2010, I received my 1st summons for the Cap One "pre-trial" which I later attended in July. Then around May 2010, I also received a summons from Bank of America. It ended up that my Cap One trial was to be held in November, on the same date of the BOA "pre-trial." Luckily I was able to file chapter 13 before anything came of either suit.

                                These lawsuits were for my smallest balances. I believe that these creditors were hoping to "test the waters" and then all h$ll would break loose.

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