Should I talk to Dennis E. Henry? Or just show up in court?

[moonbeam9209]

I have a court date on April 15th, after answering a summons from Fredrick J. Hannah/Dennis E. Henry. I have heard that these guys are scumbags, and I owe Capital One around $1500.00. Well, the summons didn't even include an account number (My husband and I have 3 Capital one cards between us).

The only thing that was attached was a page of the cardholder agreement with a circle around the part that says they can charge for legal fees it they sue.

Well, I was planning on showing up and challenging the fact that they (Dennis Henry) aren't even contracted with Capital One, and hoping from what I read about these bottom feeders, that they will just file for dismissal. I have read that they just hope you don't show up so that they will get a default judgement.

Anyhow, I received a lovely letter from them yesterday that they would like to not have "to put me through" going to court, blahblahblah and they would like me to call them to discuss.

I was wondering if I should call them? I am really not worried since I am preparing to file bk(pro se) on or around May 1st. I didn't know that if I called them if they would go ahead and file a motion to dismiss, or if I just shouldn't call, and show up next week and explain to the judge that we are filing bk, and that my husband doesn't have a job and I only work part-time, and we can't pay this. We are both self employed (so I am not worried about them garnishing wages).

Thoughts, anyone?

Thanks!

[jlmaca]

I have a court date on April 15th, after answering a summons from Fredrick J. Hannah/Dennis E. Henry. I have heard that these guys are scumbags, and I owe Capital One around $1500.00. Well, the summons didn't even include an account number (My husband and I have 3 Capital one cards between us).

The only thing that was attached was a page of the cardholder agreement with a circle around the part that says they can charge for legal fees it they sue.

Well, I was planning on showing up and challenging the fact that they (Dennis Henry) aren't even contracted with Capital One, and hoping from what I read about these bottom feeders, that they will just file for dismissal. I have read that they just hope you don't show up so that they will get a default judgement.

Anyhow, I received a lovely letter from them yesterday that they would like to not have "to put me through" going to court, blahblahblah and they would like me to call them to discuss.

I was wondering if I should call them? I am really not worried since I am preparing to file bk(pro se) on or around May 1st. I didn't know that if I called them if they would go ahead and file a motion to dismiss, or if I just shouldn't call, and show up next week and explain to the judge that we are filing bk, and that my husband doesn't have a job and I only work part-time, and we can't pay this. We are both self employed (so I am not worried about them garnishing wages).

Thoughts, anyone?

Thanks!

I hate default judgements and would at least show up and state your case. Even if they do get a default judgement if you file BK around May 1st they won't have time to do anything except send you useless paperwork.

[GoingDown]

Ha! Let them charge for legal fees. Once you file BK, they won't get a dime of their lovely legal fees!

[moonbeam9209]

I hate default judgements and would at least show up and state your case. Even if they do get a default judgement if you file BK around May 1st they won't have time to do anything except send you useless paperwork.

I guess my question was, in summary, should I call them and tell them I am filing so that they will not even show up or maybe they would file for dismissal before the court date?

[Flamingo]

Here's the situation...calling them will probably not do any good because you have not yet filed and they have no proof that you are going to file and no case number in hand nor a name/number an attorney. It is just your word. If you don't show up, they will have a judgment entered which will be on your credit reports along with your bankruptcy that you will file on 5/1. Judgments, charge offs, etc. taking place prior to your filing date will remain on your credit reports so you will have that showing along with a BK. Sometimes decisions are tough but you have to do what you think is best for you.

[bobbyquefour]

I would not speak to them yet as you have not filed yet. As Flamingo said, lots of people tell them they are going to file and then do not yet or never do. Sometimes this works, sometimes it doesn't. But you do want to show up so you don't get a default judgment against you. That would just be one more headache to deal with down the road.

But when you actually file, I highly recommend that you DO answer the phone. When you have a case number and file date the calls tend to stop IMMEDIATELY. Out of all my cards, I only had to answer 2 calls (I was probably getting 50-80 calls daily) and tell them very nicely my case number and attorney's number and they were actually very nice and I never heard from them again or any of the others for that matter.

I am baffled, however, that my biggest balance card never really bothered to get in touch with me. I guess they figured it was a waste of time since it was a huge balance and they have very little chance to collect. Maybe with smaller balances cards figure statistically that they might have a better chance to get it out of you.
Bobby

[moonbeam9209]

Thanks Flamingo and Bobby. That's what I needed to know. So when I show up do I just tell the judge that I am filing, or do I tell Mr. Henry beforehand. By the way, this Mr. Henry works for a Frederick J. Hanna, and from what I have found online is that these guys don't even own the debt and/or even work for Capital One, they just try to get you to pay. They didn't even have an account number or any other info on my account. Apparently they have been sued repeatedly. Not sure exactly how they work, but seems really fishy to me.

[Flamingo]

Thanks Flamingo and Bobby. That's what I needed to know. So when I show up do I just tell the judge that I am filing, or do I tell Mr. Henry beforehand. By the way, this Mr. Henry works for a Frederick J. Hanna, and from what I have found online is that these guys don't even own the debt and/or even work for Capital One, they just try to get you to pay. They didn't even have an account number or any other info on my account. Apparently they have been sued repeatedly. Not sure exactly how they work, but seems really fishy to me.

That is a judgment call for you...if you tell the creditor beforehand you are going to file, they may or may not do anything. They don't have to tell you what they are going to do since they have already informed you are to appear 4/15. Again, it is your word...whether or not they believe you are going to file is up to them but you do not have a case number in hand that you have actually filed. So if you do file, what they have done to you is to get a judgment against you which, if covered by your BK, still shows on your credit reports down the road to haunt/hurt you over and above the BK...At this point, they have the upper hand since you are filing on 5/1 and will not beat the 4/15 date.

[moonbeam9209]

Is it too late at this point to file a motion for dismissal? (I have court on Thursday) they haven't even provided me with any documents or contracts with my signature, any proof of a relationship between themselves and capital one, or didn't even attach the account agreement.

I received nothing from them after answering my summons stating that I didn't have sufficient evidence to admit or deny the claim, nor did they provide me with an account number. The only thing that was attached to the summons was some generic page from some account agreement, with them circling part of a paragraph about legal fees.

[AngelinaCatHub]

Is it too late at this point to file a motion for dismissal? (I have court on Thursday) they haven't even provided me with any documents or contracts with my signature, any proof of a relationship between themselves and capital one, or didn't even attach the account agreement.

I received nothing from them after answering my summons stating that I didn't have sufficient evidence to admit or deny the claim, nor did they provide me with an account number. The only thing that was attached to the summons was some generic page from some account agreement, with them circling part of a paragraph about legal fees.

That lack on information that they did not give you, is the best thing you have going for yourself. Tell the Judge, you know nothing of this immediate case nor why you are there, that you wish the Court to either set aside this hearing as you have no information to respond as they have improperly identified themselves, and if in fact they have cause to sue you, "your Honor" please extend this hearing and have them give me a full accounting by purchase and account number with the full alleged balance of the debt.

How can you prepare to answer a hearing if you don't know what it's about? Also they cannot just cherry pick a debt without authority from someone. They must be subing for some place but they have not given you that info. 'Hub

[moonbeam9209]

That lack on information that they did not give you, is the best thing you have going for yourself. Tell the Judge, you know nothing of this immediate case nor why you are there, that you wish the Court to either set aside this hearing as you have no information to respond as they have improperly identified themselveswhat do you mean by improperly identifying? they identified themselves as Frederick J. Hannah, and the attorney is Dennis E. Henry. Do you mean because they have no proof that Capital one hired them? Sorry, this is really confusing to me..., and if in fact they have cause to sue you, "your Honor" please extend this hearing and have them give me a full accounting by purchase and account number with the full alleged balance of the debt. Thanks. That is what I will say to the Judge. I was not sure of exactly how to word it. Hopefully by the time that I would have another hearing I would have filed bk. Should I mention to the Judge or Mr. Henry that I am filing, or is that really not pertinent at this point?

How can you prepare to answer a hearing if you don't know what it's about? Also they cannot just cherry pick a debtIs "cherry picking" when they just find people that owe debts and pretend they have an agreement with the creditor, and is the fact that they don't have an agreement with Capital One grounds enough to dismiss this? without authority from someone. They must be subingGod, I hate to sound stupid, but what does "subing" mean? for some place but they have not given you that info. 'Hub

Thank you so much for all of your help!

[WhatMoney]

A court summons does not have to contain any proof of your debt, including the original account number. It should list the money value of the debt they claim you owe and the name of the plaintiff. They have complied with that.

If you don't appear, despite your filing an answer, you will get an automatic default. It's possible the judge may ask for more evidence of the debt, but that is not his job so don't count on that.

If you appear, you should claim they have provided no evidence the debt is yours or they have the right to sue you, and that they need to provide proof to the court. That is what a hearing is for - to challenge the plaintiff if you think the debt is not yours or they have no evidence that it is. Any competent attorney will have evidence to present to the court at the hearing, and the judge will then rule for them. Your only hope it that they either do not show for the hearing, or they fail to bring the evidence. If they do not have the necessary proof of debt the judge may simple give them another 30 days to deliver it to the court. It is the court that needs to be convinced the debt is legitimate, not you.

If you attend the hearing please let us know what happened. So many posters just drop out of sight after a hearing and we never know the result.

[dirtpoor]

My court experience

We got sued for 3 different card balances. We went to court, which surprised the cc attorney that we showed up, and all we did was tell the attorney and the judge that we were in the process of filing bankruptcy and needed a 60 day continuance. We used this ploy twice before the bankruptcy was filed. I tried to use the "prove to me that this ismy debt" and the judge said he didn't think I could ask that without having an attorney present or that the debt collector did not have to provide that information at this point.

Just my/our experience. We are right at 1 year into our 13.

[WhatMoney]

We got sued for 3 different card balances. We went to court, which surprised the cc attorney that we showed up, and all we did was tell the attorney and the judge that we were in the process of filing bankruptcy and needed a 60 day continuance. We used this ploy twice before the bankruptcy was filed. I tried to use the "prove to me that this ismy debt" and the judge said he didn't think I could ask that without having an attorney present or that the debt collector did not have to provide that information at this point.

Just my/our experience. We are right at 1 year into our 13.

Did you provide the court and plaintiff attorney with both a written answer to each charge AND affirmative defenses, when answering the summons?

Just showing up for a hearing will usually not do you any good, unless you have a legal request, like a continuance in your case. If you are appearing pro se the judge still expects you to follow the local court procedures. If your written affirmative defenses were frivolous or you never had any, then you cannot just ask for proof of debt from the plaintiff without providing a written affirmative defense beforehand. The judge will either tell you to get a lawyer to represent you and follow procedure, or grant a summary judgment against you on the spot. Filing an answer should be done with the assistance of an attorney, if you have any interest in defending your case.

Just showing up with no defense only works if the plaintiff fails to show up at the hearing, in which case the judge may dismiss the case.

Procedures also are different depending on whether it is small claims, or a circuit or superior state court - and also varies by state and even county. This is why one cannot give specific advice here - unless you are an attorney operating in the state and court of interest, your answer may be wrong.

Typical advice you hear about "always answer a summons and always show up" leaves out about 90% of the essential details.

[moonbeam9209]

Did you provide the court and plaintiff attorney with both a written answer to each charge AND affirmative defenses, when answering the summons?
Yes, I did answer the summons in a timely manner. I said I couldn't confirm or deny without proper accounting and that there was not even an account number listed and that I had multiple Capital One accounts. They haven't provided me with any accounting to date. If they do, and have their ducks in a row, I guess I will just tell the judge that we are filing bk and ask for an extension.


Just showing up for a hearing will usually not do you any goodI was hoping that if I showed up I would get a chance to speak to the Cap One attorney beforehand and ask for proof that he has a contract with Capital One, and if I was really lucky he would want me to sign a dismissal form with him. I am not giving up without a fight., unless you have a legal request, like a continuance in your case. If you are appearing pro se the judge still expects you to follow the local court procedures. If your written affirmative defenses were frivolous or you never had any, then you cannot just ask for proof of debt from the plaintiff without providing a written affirmative defense beforehandDo you mean by "written affirmative defenses" the answer to the summons?. The judge will either tell you to get a lawyer to represent you and follow procedure, or grant a summary judgment against you on the spot. Filing an answer should be done with the assistance of an attorney, if you have any interest in defending your case.

Just showing up with no defense only works if the plaintiff fails to show up at the hearing, in which case the judge may dismiss the case.

Procedures also are different depending on whether it is small claimsyes, small claims civil, or a circuit or superior state court - and also varies by state and even county. This is why one cannot give specific advice here - unless you are an attorney operating in the state and court of interest, your answer may be wrong.

Typical advice you hear about "always answer a summons and always show up" leaves out about 90% of the essential details.

Thank you for your advice. I will definitely post after I go to court Thursday.