Captial One Suing - How panicked should I be?

[AllMyDefault]

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.

[AllMyDefault]

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.

[AllMyDefault]

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?

[AllMyDefault]

^^
Thanks.

[lillymarlene]

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.

[Freddy03]

Thanks for that information. The haven't actually served the papers yet, so I have no idea of a case number or where I can find information online.

What types of documents did you request?

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.

[AllMyDefault]

I'd try to fight the suit. I did and won against Capital One. They keep lousy records. I answered the suit, questioned the amount they are suing me for and the judge dismissed the case because Capital One couldn't prove how much I actually owed. Now I'm not saying this would work for everyone because I did lose another CC suit which led me to file Ch. 7. But answering the suit and requesting documents will buy you some time. Good Luck!

Thanks for that information. The haven't actually served the papers yet, so I have no idea of a case number or where I can find information online.

What types of documents did you request?

[Freddy03]

I'd try to fight the suit. I did and won against Capital One. They keep lousy records. I answered the suit, questioned the amount they are suing me for and the judge dismissed the case because Capital One couldn't prove how much I actually owed. Now I'm not saying this would work for everyone because I did lose another CC suit which led me to file Ch. 7. But answering the suit and requesting documents will buy you some time. Good Luck!

[frogger]

Really? I suppose they have some people who bluff, but I really mean to. I've gone online and saved the forms I need in PDF.

So it means nothing to them until the paperwork is filed at the courthouse?

It means absolutely nothing at all. You either are or are not under bankruptcy. There is no credit given for "thinking" about it or saving the forms.

[MakinMeCrazy]

I can tell you from my experience Capitol One has recently sued me.......won the judgement and has put a lein on my home for a lousy $1076 ......I am on SS and they couldn't my so called bank account.......I hope you have better luck then I did.

[AllMyDefault]

Believe me I've been researching this for quite a while.

Has anyone else been sued by Cap One?

If so, anything you can share?

[LadyInTheRed]

Really? I suppose they have some people who bluff, but I really mean to.

Some who bluff, some who change their mind some who really mean it. The collectors don't care which you are. They will do what they can to collect while it is still legal for them to try to collect.

I've gone online and saved the forms I need in PDF.

That's a very small first step. Don't underestimate the task you are undertaking. You are acting as your own attorney. You must familiarize yourself with the Probate Code, with the Federal Rules of Bankruptcy Procedure, your Local Court Rules and your state's exemption laws.

So it means nothing to them until the paperwork is filed at the courthouse?

Exactly.

[AllMyDefault]

There is no point in telling creditors you are filing until you have actually filed.

Really? I suppose they have some people who bluff, but I really mean to. I've gone online and saved the forms I need in PDF.

So it means nothing to them until the paperwork is filed at the courthouse?

[LadyInTheRed]

Your problem isn't debt but, lack of income. I'd strongly suggest you focus on some sort of job. While bk will wipe away your debts-post bk, you still need to be able to support yourself.

Excellent point.

[LadyInTheRed]

You should not be at all panicked. Panic is no state to be in to make good decisions.

You have time to get a Chap 7 filed before they can get a judgement and get at your bank accounts. It shouldn't be a surprise as long as you pay attention to what is going on in your case. Exactly how quickly the process can take depends on court procedures in your state and how quickly the creditor moves.

Yes, if you have cash in your possession at the time you file, you have to list it on your petition as an asset.

If you are going to file pro se, get the Nolo Press Chap 7 Guide and start working on getting your petition together. Start now so you have plenty of time to get the BK filed. There is no point in telling creditors you are filing until you have actually filed.