I am being sued (I guess) by Capitol One. I was served a notice 3 nights ago, to appear on March 1 at 1:30 pm, no court room, just the main address. It says it is a mediation/pretrial conference, but it is confusing. The debt they are listing is a valid debt, the amount is questionable. I through many circumstances stopped paying on the account after a layoff, and got back on my feet a bit too late. They sent letter after letter demanding 50% or some number, or else. I called back, stating I could make payments again, but that wasn't acceptable. The problem, I never sent a letter, or documented phone calls. After doing all the reading I have done, I realize the error of my ways.
I don't want to walk into the court and go, "yep I used their card, and yep, thats my name!" and be told not to expect the next few paychecks.
It isn't that I can't afford to pay it, I just can't afford to pay it all at once!! Plus, the fees they tacked on are a bit unreasonable.
Now, I have to pay attorney's fees too ? How do I stop this, or get through it ? Should I hire an attorney ? How do I pay for that ?
HELP!

Go to court and dispute their claim, deny it is you until they produce the original contract which you sign, not a copy the original one where you can smudge the ink on it.

Deny you sign anything they have, unless they producethe original.

Deny all, no contract, no claim.

I am nervous about just walking in and denying the claim. I need some more to go on, possible consiquences, etc. I have a family to consider.

I am being sued (I guess) by Capitol One. I was served a notice 3 nights ago, to appear on March 1 at 1:30 pm, no court room, just the main address. It says it is a mediation/pretrial conference, but it is confusing. The debt they are listing is a valid debt, the amount is questionable. I thru many circumstances stopped paying on the account after a layoff, and got back on my feet a bit too late. They sent letter after letter demanding 50% or some number, or else. I called back, stating I could make payments again, but that wasn't acceptable. The problem, I never sent a letter, or documented phone calls. After doing all the reading I have done, I realize the error of my ways.
I don't want to walk into the court and go, "yep I used their card, and yep, thats my name!" and be told not to expect the next few paychecks.
It isn't that I can't afford to pay it, I just can't afford to pay it all at once!!! Plus, the fees they tacked on are a bit unreasonable.
Now, I have to pay attorney's fees too ? How do I stop this, or get through it ? should I hire an attorney ? how do I pay for that ?
HELP!
I am still a bit nervous about this. I have read a lot of information on this site, and unfortunately I am still intimidated. I know this is a valid debt, but from some of the items I have read on here, I am not supposed to admit to it until they produce proof. I fear that if I am asked, and I say "I demand proof that this is my debt, the contract that I signed" and poof! There it is... then what ? I feel at this point the judge is going to look at me as some type of dead beat! I have taken care of a lot of my debts, little at a time, because that is all I can do. I won't go into my sob stories, but my suit doesn't even fit me anymore!! SO if I walk into court tomorrow and I am in my work uniform (I work in the plumbing field, so my uniforms aren't "business casual" unless you count glue stains as decorations!!

I am also reading the notice, in all of its legal jargon, and it seems to counter any of this verification stuff I have read. It is telling me that I needed to verify this within 30 days of "this"notice, meaning my "Notice to appear for pretrial conference/mediation"

The debt is for $1889.00, plus attorney's fees, and interest where applicable.!

Please help, I cannot afford to have my wages garnished, I made mistakes in the past, and made them worse by not contacting them properly.. I.e. by mail.
Any advice is appreciated

I went to court, which seemed to be a waste of time, and waited for my name to be called. When court convened (sp?) we were told that we could give three answers, either we admitted the debt/claim, denied , or partially denied, which the last permitted us to a mediation, with volunteer mediators provided in court. However, when my name was called, and I approached the clerk, I said, partially deny. He told me I could not do that, because the judge screwed up, and there weren't any mediators available at this court time, (which was 1:30pm, and its now 2:15pm) . So, I denied the claim. The attorney (Cap ones minion) said he would talk with me (while in line to see the judge at the bench) and we chatted, and I told him, I owed cap one about $900 before I defaulted. The principle they are suing me for is $1800, and the fees and BS charges added to that come out to $3600 and rising. He told me I could wait for him, and we could have a "sorta" mediation, and maybe work it out. This is what we told the judge we were doing, and he marked up some papers, said he would give us 30 min to "try the case" and off we went. Me, to another waiting room for 45 more min. The attorney showed up, we sat, and he proceeded to tell me I was to pay this $3600 dollars, and he would wave the court costs. In the end, I told him I was only going to agree to pay the $1800, on $100 per month basis, and wanted in writing that my credit report would show this account paid in full and closed, on all three bureaus. He told me he couldn't make this decision, and said he would write Cap one and tell them. This was 3 weeks ago, and now I receive a letter from the Courthouse, stating I have a mediation hearing again, on 3/28 at 9:30 am!!
I don't have a lot of PTO time, and the first court date cost me half a days pay. This one will cost me another half day. What should I do!?
I am sorry for the length of this, but I believe anyone who can help me should see all of what happened, and tell me if I did something right or wrong ?

You should definitely denie this dept until you get a copy with your signiture of that contract and most likely they will not be able to verify it so sometimes it isn't OK to be honest in this world but may in your next life time.. deny ,deny,deny alll!

Send them a final written proposal of payments and keep a copy. If they refuse to accept or at least entertain it then you'll probably end up in court, at which time be sure to let the judge know that you attempted to settle with them and they refused. That'll weight in your favor and win you more sympathy from the judge.

I have a question to all. When you guys refer to the "contract" are we talking the original credit card application? If yes how does this relate to subsequent charge made when the card was used? Thnaks

I came across what might helpful. It needs some lay man explanation tough, like the part about "produce a note" and wrong credit reporting. I received a notice to appear for a pretrial conference, but I do no see a copy of the original contract attached. Will that be enough to dismiss the case? Please check the below paragraphs:

But if the lender has violated certain laws or failed to follow the correct court procedures, debtors may be able to have the lawsuit dismissed without filing an answer. Especially depending on notice requirements for such a lawsuit and the bank's failure to attach the original contract to the complaint, it may be worth filing a Motion to Dismiss the case based on these procedural failures. Just as when homeowners in foreclosure request the bank to "produce the note," people being sued by credit card agencies can do the same.

Homeowners who have exhausted the possibilities on a Motion to Dismiss, though, will then have to file their answer to the summons and complaint. The best way to do this is to research the federal laws, beginning with the Fair Credit Reporting Act (FCRA). This act dictates how the bank can report negative information to the credit bureaus about accounts, and every violation of the Act can cost the bank $1,000. Borrowers have every incentive to research this law and pick out all of the relevant violations. Since these lending laws are almost impossible for creditors to follow, there will always be some violations.

I am in a similar situation in which I lost my job now for 10 months and can pay my bills and will take 56 yrs to pay off when I do get a job. So I thought abou just stop paying and hope they write it off as a loss but to read the took you to court over 1800.00 and I am dealing with 25,000 I wonder how they decide who they will and won't take to court. Does anybody know how they decide plus I read the increase in write offs is a cheaper way or a credit company to go than pay to go to court. Is there any attorneys that can answer this. Ps I did contact cc 2x asking for help and both times rejected. Never offered a forebearance.

Go to court and dispute their claim, deny it is you until they produce the original contract which you sign, not a copy the original one where you can smudge the ink on it.

Deny you sign anything they have, unless they producethe original.

Deny all, no contract, no claim.

and if they produce original then what is the strategy? Also 1800 is a small amount to go to court on. How do cc decide who they will sue? I read a lot are just writing it off as a loss. What are the chances of that happening today? I am out of work for 10 plus months and ready to stop paying my 2 credit cards about 25,000. Even when I do get a job It will take 56 yrs to pay with minimum payment.also if I get job within 2 weeks god help me, then I can't file bankruptcy. What is a person to do? Called 2x for help and rejected never offered a forbearance.

Cherubs good luck in getting a attorney to comment. I can tell you the best defense is a offense. Keep records of every communication with the cc's and if served a summons file a answer within the proper time frame (usually 20 days) named on the suit... with the clerk of court and be sure to send a copy to the opposing attorney resistered mail. Look up Validation of Debt letter and pattern your response from that letter making sure you ask for a accounting of the interest and other charges they are going to tack on along with a copy of the original contract signed by you. In most cases that will be the last you hear from them. Also send a copy of your answer to all 3 credit reporting agency's along with a cover letter.
If no actions are taken in your case within the alloted time of your state then the case will be dismissed for lack of prosecution.. In some states they have up to a year to act. The letter to the CRA's will begin a investigation and if the CCC's have not answered within 30 days the agency by law have to remove their notations to your credit report under FCRA ruling. If they don't you have a cause of action to file a small claims suit for $1000 per violation. Read up on the FCRA, it gives you solutions you may not have thought of. I have a friend who did this and it's been almost a year since she's heard anything from the cc's

So I went to court today. The judge tells you to talk to a the plaintiff lawyer. I tried playing the original contract song and the charges with my signature on it. It did not go far. He was like: dude now adays you don't need a signature to start credit card. Everything is online. As for scharges, you've been getting statements for the longest and you never contested the charges. I tried telling him that to me it was junk mail. He said " by the law you are suppose your mail". I don't know if he was BSing me. But guts feeling told that he holds the cards, so I agreed to the minimum payment. The deal I got was the reduction of the intetrest rate. The lawyer fee was waved but still had to pay the court fee.

I'm not surprised - consumer responsibility (opening your mail and so forth) is starting to be used by the creditors.

Well, if it had to go against you sounded like it wasn't TOO bad.

Thanks for letting us know -

Yw

So do you thing the consumer responsibility thing is not a BS.
Does anybody thinks I could have done better? This might be not my last battle.

I think consumer responsibility IS a factor in these matters. The consumer is responsible for opening mail, checking balances. I'm 100% sure there is no law that requires anyone to open mail delivered to his/her house BUT I don't see NOT opening it to be a legal defense. I think part of the reason is because so many people are defaulting right now and the Courts don't want these cases clogging up the calendar forever.

I realize you were able to set up a payment schedule but what percent of the total debt do you have to pay? The whole thing? 50%? Some other number?

With late fees and interest these accounts can skyrocket in a very short period.

I honestly think you did as well as you're going to do.

Hopefully someone else will come along with an opinion.

The only break I got was lowering the interest rate to a fixed 8% down from 30. The lawyer fee was waved, but still had to pay the court fee.

That's pretty standard - did they reduce the balance? You are responsible for the whole thing? I'm actually surprised that "they" didn't negotiate something lower. Usually a creditor will bite at 50% - 60%, sometimes lower. Of course, once it goes to Court they aren't so willing to settle because they don't have to.

No reduction in the balance. Like you said once they go to court they are in no mood to negotiate.

So here is question for you guys. The credit card company get a judgement, and then you fail to make the payments, what happens next.

If you fail to pay the Judgment the creditor can and probably will lien against property, wages, bank accounts - it depends on what is legal in your State.

Thank you Judy.. I think I need to rephrase myself. It was not a court settlement, it was out of court agreement.

So you settle with the creditor lawyer, out of court, and you agree to make payments. What happens if you default on these payments? Does anybody have an idea?

Yes, the creditor lawyer can (depending on what type of consent you sign) either sue you, requesting a Judgment, or go right for the Judgment because you signed a voluntary Judgment. Creditors very often take the Judgment (with your signature) but do not act on it until you default.

Thanks again Judy. Can you possibly elaborate on the term judgment, just to make sure I fully understand it?

A Judgment is (simply) the decision of a Court. How is a judgment lien created? (http://bankruptcy-law.freeadvice.com/collections/judgment_lien.htm)

Debt collectors use procedures and delays to wear you out and make the process too expensive for you. But there is a way to turn the tables on them even if you can't hire a lawyer.
mreda, what happens next is the company probably looks for your assets and job and tries to take your bank accounts or garnish your wages. You need to fight them before they get a judgment.

I would agree with the "disagreements" made to my earlier comment, but point out that I was responding to Mreda's comment that the debt collector had gotten a judgment and he/she missed a payment. When there is a judgment, even if it is a consent judgment, the debt collector will often act very quickly if a payment is missed. Perhaps it was unclear that I was responding to Mreda. My apologies.

I am also being sued by Capitol One, my balance is only $1000, which I cannot believe they would sue over. Reading all this has really got me nervous. One question though, if you have already been sued, and already get your wages garnished, then what? Can I get another one, and should I tell them this?

Yes, there can be a second Judgment against you. Judgments are "usually" good for 10 to 20 years, depending on the State. The second Judgment simply is put on hold until the first is paid and then they begin to collect on the second.

Why don't you believe Capital One would sue over $1,000?

Well just reading other posts, people were surprised whrn their debt was a lot higher. Should I mention the other judgement against me when I go to court? Do they take health problems or any life circumstances to heart? I know everyone has a sob story, but life has not been kind. I however am turning a new leaf, and do want to get my debt resolved.

Well just reading other posts, people were surprised whrn their debt was alot higher. Should I mention the other judgement against me when I go to court?? Do they take health problems or any life circumstances to heart?? I know everyone has a sob story, but life has not been kind. I however am turning a new leaf, and do want to get my debt resolved.


You will probably be charged with interest, legal fees, perhaps Court costs. Any other debt is meaningless. As I said, they can stand in line to collect this.

Of course they take life circumstances and health problems seriously BUT neither is a legal reason not to pay a debt.

Times are tough right now. A lot of people are in bad financial shape.

If you want to get the debt resolved you must pay it - either up front or following a Judgment.

You can always offer to settle for a lesser amount.

My wife just received a call from a private number asking her if she would be home to get serve. My wife ask what was this about? They provided a number to call for information witch we did and that number was for Blackstone group. They told us we were going to be serve from a credit company to get sue. Our option were pay 50% and it would finalize or make 10% payments for 10 months to pay the balance of 2162.00. Or else we would go to court and the balance double or more plus attorney fees. The problem is were both unemployed any suggestions anybody thank you.

Hi, I need some advise I got a call from a private number asking me if I was going to be home because I was going to get serve. I asked what this was about and the girl said couldn't give me any inf but to call so and so number. So I called to the number she gave me and gave the ref num and the guy told me I needed to make a payment or I was going to get serve tomorrow and my balance would go twice as much plus attorneys fees and they were going to take me to court and garnish my assist,taxes,car,. I told him I didn't have a job and that I only get unemployment but I couldn't make such large payment at this time of 10% witch would be 216.00 I know its not a lot but to me at the moment it is the balance on what they are taking me to court for is 2160. He gave me till the 30th to make a decision on what will I do make a payment of 10% for the next 10months or 50% now and it will show paid in full need help can any one give me some advise... I just don't want this debt to continue or go to court and my balance go higher and then at court would be plus attorney fees or for them to take my car it's the only thing I have of my own the car I have no bank accounts or any savings.

Wow so I posted an ad on craigs list , trying to sell my talents as a biz advisory and from the start all I had gotten was info requests starting with the words ""Help im getting sued by a credit card company what do i do"" ,....effing hell ,first let me just tell the world that in most cases you are not being sued by the "credit card company" you are being brought to court by the dam "collection company" (AND REMEMBER THESES ARE THE SAME GUYS THAT YOU HATE THE SAME GUYS THAT CALL YOU 50 TIMES PER DAY),after your sent to collections your sold off to one of them leaches for at times $0.50 the card company has already got their insurance pay out for your default.
SO first when you get to court ,simply say you dont remember having that card,tell them you would like to see the HARD COPY OF THE APPLACATION, "you have that right to see what the are charging you with" because of privacy laws in most states most of the lawyers that have been assigned about 20 of those cases that same day ,"won't have that info on hand "so the judge will order that it is postponed until he gets it ,and because of the fact that most cards companys have already collected the insurance pay out and sold your debt off to a collector company for about 30 debts for at times about $5.00( YOUR OLD CARD COMPANY SIMPLY DOES NOT CARE AND UNDERLAW CAN NOT RELEASE ANYTHING WITH YOURSOCIAL SECURITY NUMBER ON IT,SO as far as them helping the collector it is a NO !and be cause the collectors are not that interested to paying investigators to obtain that info ,and in the end they are not even interested in paying another lawyer to come out and fight you again.. remember it is a cash world ,if its going to cost them more then they will get they WILL NOT WASTE THEIR TIME...

Deny it, they will most likley not have the original contract you signed and they must have that. If the debt is small CC reps may not even show up. CC and debt collections run the numbers- If we buy up enough old debt for pennies on the dollars, send out x number of lawsuits and if x percentage pay we can make x number of dollars. Trust me, you don't have deny the contract just ask them to produce it.