Question How do legal agencies know of a lawsuit against me when I haven't been informed?

[kramerlike]

I've been avoiding bankruptcy and managed to settle $65K of debt down to $22 last year (a loan from my sister). I still have $22K of debt with 4 credit cards. I remained current on 3 of them throughout because the payments were small enough and the interest rates were real low. I had to quit paying on two of 3 accounts about 3 mos. ago.

I tried to settle w/Capital 1 at the same time I was settling with the other accounts, but they wouldn't take the only offer I could give them (which was the same offer I received from the other credit cards I settled with).

It's now been about 16 mos. since I first became late wit Cap One and now I'm getting these letters in the mail from legal agencies about a lawsuit against me filed by Cap 1. I haven't received any notice from them and I tried to find the right site for new suits filed, but I didn't see any lawsuit filed against me on the one site I found. I live in the Atlanta, GA area and I'm curious as to how these legal agencies know of this lawsuit and I don't.

I have no income and the credit cards are in my name only. I'm over 60 and my husband has been reduced to only Soc. Sec., so there's certainly not much in my bank accounts and nothing to garnish. Is it necessary for me to even consider bankruptcy right now? I've read through so many posts and I've yet to come across one with my particular situation. I'll appreciate any info I receive from anyone. Thanks very much.

[keepsmiling]

(((hugs)))))
Hi, welcome to the forum! You have found a caring place.
I am so sorry to hear of your situation... but..
THIS IS A PRIME EXAMPLE OF WHY SETTLEMENT ISN'T USUALLY A GOOD IDEA.
Look at all that money spent when it could have ALL gone away.

Wish you had found this forum sooner

To answer your question: You are probably collection proof. There are some discussions recently on how to write a letter to the collection agency to let them know that you are --- take a look around and I will post here if I find it.
Good luck and hang in there.

[SMinGA2]

I believe at the same time the suit is filed w/ the court - it goes to a process server to physically serve you. Would probably depend on how busy they are as to say how it takes to reach your door. But I believe there are some to subscribe to public records updates electronically, so they can try to solicit business.

[kornellred]

There is no way you can be sued without your knowledge, unless you throw away your mail without reading it. Due process requires that the defendant in a lawsuit be informed of the proceedings and given a chance to refute the accusations. There are rules that vary from state to state regarding what is considered sufficient notice in the absence of a response from the defendant, but it's hard to be invisible unless you up and leave your domicile to avoid being served with instructions to appear in court.

[kramerlike]

Thanks very much for all your responses. I read my mail daily, answer most phone calls and am home 80% of the time, so I guess I will consider myself free of any lawsuit until I receive a formal notice. Is it ever wise to contact any of these advertisers (I may be in the market for an attorney and wonder if any of these advertisers are a good source to begin pursuit).

[HHM]

State's have different procedures. In some states, the complaint and summons gets served prior to the filing of the suit, in other's it is the opposite.

I don't think "ignoring" the situation is the best option. You should probably call your local county court and inquire if any suits have been filed against you, and if yes, what is the status. I am "guessing" that GA requires the filing of the lawsuit prior to service (hence all the mailings you are receiving), or maybe there is just some odd, adverse entry on your credit report. In any event, call the court, gather some facts so you know what you need to do.

[df04527]

Agree with HHM. You probably have a lawsuit filed. Call your county clerk of court.

[Bell30656]

There are attorneys and others that actually get copies of the filing list every day from the courthouse. They use this to drum up business. We have an attorney that sends a clerk to the local Police Department to get copies of the front page of every accident report filed. He drives a Hummer and wears Armani so he must be doing something right.

[LadyInTheRed]

Karmerlike, have you tried searching court records at http://www.georgiacourts.org/courts/...nerecords.php? I don't have the required plug in, so can't tell if they let you search by your name.

Is it ever wise to contact any of these advertisers (I may be in the market for an attorney and wonder if any of these advertisers are a good source to begin pursuit).

I suspect that if they have to get business in this manner, they are either inexperienced or lousy attorneys. They are like ambulance chasers.

[spidge]

I suspect that if they have to get business in this manner, they are either inexperienced or lousy attorneys. They are like ambulance chasers.

So the letters received could just look official in an attempt to scare the OP into action. I don't know how many times I have seen similar letters and answered calls of people attempting to say they know my situation and how they can get me out of it, for a fee of course.
As mentioned earlier, you need to find out if anyone has filed suit from an official source and not a for profit organization.

[kramerlike]

I checked the link provided by LadyintheRed (thank you).....and I found a case filed against me. There's no statement of a summons served yet. Should I contact the court or just wait to be served? Is now a good time to hire an attorney.........or just wait to see what happens?

[ffpmme]

If it is Cap 1, they are the worst in the world to deal with!! I had a cap one card with a limit of 200, with every single over the limit, and late fee and eveything else they added on, it became a nightmare, and they got a judgement and garnishment for over 2000. They just keep the account open collecting anything they can for as long as they can. When Capital on ask's what's in your wallet. I just feel there hand picking my pocket!!!

I hate Capital One!

[kramerlike]

Uh oh.......I was just served this morning. Do most people hire an attorney to respond or can I handle it myself? Do I now need to clean out my bank accounts (total of $80 among 3 checking accounts). I have no income or assets in my name other than a 1994 SUV.

[ValleYum]

Where does hubby's SS check go? If to a bank or CU is the account it is deposited into in his name only?

Hopefully, someone will be along shortly to help you further with your questions about the lawsuit.