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    JKing10290's Avatar
    JKing10290 Posts: 1, Reputation: 1
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    #1

    Mar 22, 2012, 10:41 PM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 23, 2012, 03:52 AM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Mar 23, 2012, 06:39 AM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 23, 2012, 06:54 AM
    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
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