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Captial One Suing - How panicked should I be?

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  • #31
    I probably should have filed this summer. Can't go back in time, so moving forward . . .


    • #32

      Here's my experience with Capital One. I was a nervous wreck in the very beginning, but it went well for me, I got a dismissal.

      Good Luck.


      • #33
        Thank you for that!

        So far haven't heard anything back from them yet. Hopefully that means more time to prepare BK papers. I'm just not too thrilled with the thought of involving a BK court in all my financial details. You know what I mean? It's like having to talk to someone about your sex life. (blush)


        • #34
          Originally posted by AllMyDefault View Post
          Thank you for that!

          So far haven't heard anything back from them yet. Hopefully that means more time to prepare BK papers. I'm just not too thrilled with the thought of involving a BK court in all my financial details. You know what I mean? It's like having to talk to someone about your sex life. (blush)
          What sex lif with hubby working nights and me working days have no clue want that is can someone remind me


          • #35
            I met the server and went to the court. I responded and now am awaiting a court date which they said would be in 3 to 4 months. That gives me time to get bankruptcy papers ready.


            • #36
              Just thought I'd share what my experience actually was. Cap One did sue. My requests for documentation were ignored.

              I went to the court date hoping they'd have little to no paperwork. They did have a copy of my original credit card agreement with my signature. I asked for proof of what I owed and was handed a ridiculous 2-3 inch thick stack of papers that didn't really show any purchases. Under a couple of pages with my account information were multiple copies of a credit card agreement with nothing specific to my account - but I felt too overwhelmed to point that out, which is exactly what that stack of papers was meant to do. I was extremely nervous anyway. I also didn't point out their ignoring my requests for docs, but didn't have proof either.

              What's worse, the lawyer for Cap One was super chummy with the judge and the bailiff. They were chatting about their vacations and going fishing, not with each other (one hopes) but they clearly did business in that court on a regular basis and were very cordial with each other. Am guessing if I'd asked for more proof of purchases it would have been laughable to them. I probably got shafted in a way, but don't know that my David to Cap One's Goliath could have gained any real protection. The judge found for Cap One as a matter of course it seemed.

              Then Cap One's collector/attorney started sending letters raising the debt quickly with an aggressive interest rate and they started to threaten to depose me - have me come in under oath and question me about income and assets. I speculate that is done to scare the average consumer into thinking they'd make a misstatement that could be construed as perjury. I guess the creditor then hopes the consumer might fear for their freedom and "beg, borrow or steal" to pay them off. Instead before they could call me in for a deposition I filed Chapter 7.

              In a way I have Cap One to thank for giving me the push I needed to file BK.
              Last edited by AllMyDefault; 01-30-2018, 02:14 PM.


              • #37
                Considering the date of the first post to this post, am I right in thinking that Capital One still got nothing and you got more than enough time to get filed?


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