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Capital One Is Taking Me To Court?

Asked Jun 16, 2008, 12:33 PM — 5 Answers
I received a letter today from Capital One stating that I owe them a little less than $800 and that they had scheduled a date in court in early August in Richmond (over 2 hours from where I live). They said that if I did not pay the amount in full before early August, I had to show up for court.

My situation: I was paying my credit cards until I had to quit my job because I was getting ready to have a baby. I tried letting bill collectors know that I had no source of income and that I very much wanted to pay my debts as soon as I had an income again. My fianc? At the time had been looking for work with no luck. This is not an easy area to find work especially when you have any visible tattoos. Anyhow, when my child was a few months old, I had to have surgery and found myself pregnant again right after the surgery. I have since gotten married, and my husband has still not found a job. I have absolutely no income, and neither does he.

What's going to happen? I can't even make it to Richmond. It's over 2 hours away, and I don't have the money to put into gas nor is my car in good enough condition to take that kind of trip.

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ScottGem's Avatar
ScottGem Posts: 57,993, Reputation: 28100
Computer Expert and Renaissance Man
  
#2

Jun 16, 2008, 12:49 PM


Did you receive a letter or a court summons? Did the document give the name of a court and a docket # or anything? The first thing you need to do is check wheter they actually filed suit or are trying to scare you. What you received does NOT sound like a summons.
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OneOfMany's Avatar
OneOfMany Posts: 3, Reputation: 5
New Member
  
#3

Jun 16, 2008, 12:58 PM
The letter is from Capital One and says in the first paragraph:

" We are writing to inform you that your account was referred for legal action. A court date has been scheduled for 20080807 in RICHMOND GENERAL DISTRICT COURT. However, we are still willing to resolve this matter and will dismiss this action should you pay your outstanding balance. "

Then it says if I don't pay the balance by July 22, they will proceed with the lawsuit. I haven't received a summons from the court house or anything. How do I find out what my case # is with the court? They wouldn't make a court date up, would they?
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progunr's Avatar
progunr Posts: 1,971, Reputation: 1543
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#4

Jun 16, 2008, 01:20 PM
You received an intention to sue notice, not a notice of suit.

If the notice did not come from the court, or an attorney, then there is no case number yet as nothing has been filed and you have not been served.

They can sue you, if you don't pay the debt.

If they do sue you, if you do not show up, they receive the judgment, plus court costs and interest.
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excon's Avatar
excon Posts: 20,998, Reputation: 15460
Expert
  
#5

Jun 16, 2008, 01:27 PM
Hello One:

There's only one advantage to being broke, and that is, you're judgment proof. And, that's only a good thing when you have somebody hounding you for money... You do.

I'd write them a letter. Tell them exactly what you said here. Of course, they're not going to believe you, so they'll check a little bit. They'll find out that they're not going to collect a nickel even if they DID sue and win. Lawyers aren't dumb. If they think they can collect they will try. But, they're not going to throw good money after bad.

excon
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OneOfMany's Avatar
OneOfMany Posts: 3, Reputation: 5
New Member
  
#6

Jun 16, 2008, 02:46 PM
Thanks for all of your replies! I will try contacting them and writing them a letter to explain my situation. Do I need to provide any proof such as bank statements showing no income? Do I need to send the letter certified to cover my butt? Thanks for the help!
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