Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Judgement for the defendant appealed by Capital One (https://www.askmehelpdesk.com/showthread.php?t=645437)

  • Mar 22, 2012, 10:41 PM
    JKing10290
    Judgement for the defendant appealed by Capital One
    Judgement awarded to the defendant(me)at the Magisterial District Justice Level vs. Capital One credit regarding a credit card. Appealed by capital one... Can they still call you?
  • Mar 23, 2012, 03:52 AM
    ScottGem
    First, ANY question on law needs to include your general locale as laws vary by area.

    Did you sue them or did they sue you? If they sued you, you don't get a judgment, you get a dismissal. If they are appealing the results are put on hold pending the appeal. They should not, however, be calling you to collect.
  • Mar 23, 2012, 06:39 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... you don't get a judgment, you get a dismissal. ...

    Or possibly a judgment of dismissal.

    Quote:

    Originally Posted by ScottGem View Post
    ... They should not, however, be calling you to collect.

    Actually, they can. Are you represented by an attorney? And are they? If so, have their attorney tell their attorney to stop it.
  • Mar 23, 2012, 06:54 AM
    excon
    Hello J:

    You have rights under the Fair Credit Billing Act that are not effected by the filing of a lawsuit. Therefore, since judgment is not final, you still owe the money, and they can still make attempts to collect it.

    That act DOES outline exactly HOW you can stop them from contacting you, and I'd follow their instructions. I've linked the act above.

    excon

  • All times are GMT -7. The time now is 04:50 AM.