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-   -   Being sued by Capitol One (https://www.askmehelpdesk.com/showthread.php?t=584752)

  • Jun 29, 2011, 05:26 PM
    sespanajr
    Being sued by Capitol One
    Hi, I just found out that I have this lawsuit in court. I don't understand the terminolgy nor do I know what I should do. I am disabled and on SSI and Section -8, and I have no money to get out of all of my debt nor do I have money to file for bancrupcy. Please help, if I could find a way to pay off my debt I would, but I just can't find any work.

    Thanks in advance.

    Date | Action Text | Disposition
    12/30/2011 8:30 AM DEPT. S32 | OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 | VACATED
    07/08/2011 8:30 AM DEPT. S32 | OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 | VACATED
    06/27/2011 | REQUEST FOR DISMISSAL FILED- WITHOUT PREJUDICE. | Not Applicable
    01/26/2011 | PROOF OF SERVICE UNSERVED AS TO | Not Applicable
    01/13/2011 | PROOF OF SERVICE UNSERVED AS TO | Not Applicable
    01/06/2011 | CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S32
    01/06/2011 | CIVIL CASE COVER SHEET FILED. | Not Applicable
    01/06/2011 | SUMMONS ISSUED AND FILED. | Not Applicable
    01/06/2011 | CASE AND PARTY INFORMATION ADDED. | Not Applicable
  • Jun 29, 2011, 05:31 PM
    ScottGem

    This confuses me also A Disposition of Vacated usually means the suit has been removed. But how can a future event have a disposition. I would suggest you contact Department S32 and ask for clarification.
  • Jul 2, 2011, 10:01 PM
    sespanajr
    Quote:
    Originally Posted by ScottGem View Post
    This confuses me also A Disposition of Vacated usually means the suit has been removed. But how can a future event have a disposition. I would suggest you contact Department S32 and ask for clarification.
    Wouldn't contacting Dept. S32 compromise my case if the suit has been removed?
  • Jul 3, 2011, 06:09 AM
    ScottGem
    Quote:
    Originally Posted by sespanajr View Post
    Wouldn't contacting Dept. S32 compromise my case in the event that the suit has been removed?
    Not at all. You received a notification, you are asking for an explanation of it. How could that compromise anything?
  • Jul 5, 2011, 03:32 PM
    sespanajr
    Quote:
    Originally Posted by ScottGem View Post
    Not at all. You received a notification, you are asking for an explanation of it. How could that compromise anything?
    I never received a notification, I was just looking up my friend's case information and I decided to type in my name and that is how I found out I was being sued. So my question is, if I I contact them, will they the want me to show up and confront the charges, since they will now know that I am informed about the lawsuit? As of right now it shows that they were not able to serve me the court papers, and therefore I believe they are willing to dismiss the case. So you see, that is why I am a little hesitant to call them if it is going to give them the opportunity to continue with the case. I appreciate your time and help in this matter.
  • Jul 5, 2011, 04:41 PM
    ScottGem

    I would still ask for an explanation.
  • Jul 5, 2011, 05:54 PM
    AK lawyer
    Quote:
    Originally Posted by sespanajr View Post
    I never received a notification, I was just looking up my friend's case information and I decided to type in my name and that is how I found out I was being sued. So my question is, if i I contact them, will they the want me to show up and confront the charges, since they will now know that I am informed about the lawsuit? As of right now it shows that they were not able to serve me the court papers, and therefore I believe they are willing to dismiss the case. So you see, that is why I am a little hesitant to call them if it is going to give them the opportunity to continue with the case. I appreciate your time and help in this matter.
    Don't contact the creditor yet. Go to the courthouse and ask to see the actual file. What you copied to your initial post suggests that everything was either "Not Applicable", "vacated" or assigned to Department S32.

    I believe Department S32 is a department of the court. Assigned to a certain judge, perhaps. I'm not sre "not applicable" notations mean, but it could mean that they were withdrawn or rejected. You want to see the actual file to be sure what "vacated" means.

    It looks to me that the case will have to be re-filed before it goes anywhere.
  • Jul 5, 2011, 06:52 PM
    ScottGem
    Quote:
    Originally Posted by AK lawyer View Post
    Don't contact the creditor yet.
    I believe Department S32 is a department of the court.
    Yes definitely do not go to the creditor, ask the court.
  • Jul 6, 2011, 05:24 PM
    sespanajr
    Quote:
    Originally Posted by ScottGem View Post
    Yes definitely do not go to the creditor, ask the court.

    So if I contact the court, dept. S32, for information, this will not effect the possible dissmisal of the case nor will it inform the court or Capital one of my knowledge of the lawsuit, thus forcing me to show up?
  • Jul 6, 2011, 05:58 PM
    ScottGem

    No it will not effect the dismissal. But ignoring it does you no good. If this is an actual action against you you want to show up and deal with it. If you don't they just get a default judgment and next thing you know your bank accounts are frozen or wages garnished.

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