Hi There,

I'm being sued by capital one. This is what the court shows but I don't understand it. What has been vacated.


Viewed Date Action Text Disposition
10/06/2010 8:30 AM DEPT. R11 OSC RE: STATUS OF DEFAULT JUDGEMENT PURSUANT TO CRC3.740
03/24/2010 8:30 AM DEPT. R11 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED
10/07/2009 VACATE OSCSVC HEARING SCHEDULED FOR 03/24/10 AT 08:30 IN DEPARTMENT R11. Not Applicable
10/07/2009 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED AS TO. PARTY SERVED ON 10/03/09. TYPE OF SERVICE IS PERSONAL. WITH FEES OF $64.50. Not Applicable
09/30/2009 AFFIDAVIT OF VENUE - FILED. Not Applicable
09/30/2009 CASE AND PARTY INFORMATION ADDED Not Applicable

this8384

What you have posted shows that a suit has been filed and that Capitol One obtained service on you, which proves you are aware of the pending lawsuit.

What paperwork have you sent to the court? Have you admitted to or denied the claim?

lastminuteman

I have not done anything. It is my debt, I was planning on contacting the collector to work out a payment plan.
Do I need to respond to the court within 30 days if I'm working with the collector?

Thanks.

this8384

Absolutely. Some collectors are shady enough to "agree" to a payment plan and not tell the courts about it, you end up getting stuck with a default judgment and they start freezing your bank account.

It could also be out of statute of limitations, which is why there's talk of vacating the suit. When was the last payment made/last time you used the card? What state are you in?

lastminuteman

Last time I used/paid the card was around oct 08. I am in california.

What happens if I don't respond to the court within the 30 days? Because I think that is tomorrow.

Thanks,

this8384

If you don't respond and don't show up to court, then the plaintiff(Capitol One) is awarded a default judgment and will be awarded the full amount of what they're asking for, and typically any court/attorney fees that they incurred by filing the suit.

Since it's tomorrow, your best bet is to go to court and try to reach a payment agreement before getting in front of the judge. If they'll accept a payment agreement, usually the court will leave the case open - if you default again, then they'll automatically award a default judgment to Capitol One.

lastminuteman

Thanks for your response. I read the summons more carefully and if I read it correctly it says I have 30 days from when I was served. I thought it was 30 days from when it was filed. Am I reading this correctly? If that is the case then I have a few more days.

I contacted the plaintiff and they are asking me to pay the amount due when filled, which was 3500, Then they added 500 for interest (23%) then 250 for court fees. So now they say if I pay the full amount within 6 months (monthly payments) they wont charge interest. Or I can pay 25% with monthly payments while accruing 23% interest until paid off.

I was hoping they would settle for about 20% of the balance but they are not interested.

this8384

Why would they settle for 20% when they can sue you instead and get paid in full? You have to offer them a bigger settlement than that.

Either way, you need to respond. I think your best option at this point is to send a certified letter to the plaintiff stating that you are would like to come to some type of settlement agreement outside of court and then show up in court with a copy of that letter. If you're making a reasonable effort to pay the bill - that means a lot more than 20% - than the judge will usually grant you some more time to reach an agreement with the plaintiff. That is, if the plaintiff wants to work with you.

JudyKayTee

I will add it's 30 days from service, not 30 days from filing.

lastminuteman

Thanks for your responses. I'll respond to the summons that I am in communication with the attorney to work out a settlement or repayment plan.

The court date is not until Oct of 2010, so hopefully I should have it paid off by then.

Thank You.