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darenj · Feb 28, 2007, 01:57 PM

Link to original posting, moved here in hopes of better visibility

https://www.askmehelpdesk.com/small-...tml#post304265

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!

shelley7180 · Feb 28, 2007, 02:11 PM

No worries. This is just a mediation. They just want to meet with you on neutral ground to negotiate a re-payment plan. There will be a rep. of the court there to make sure that both sides are equally represented.

Don't sign or agree to anything that you don't understand or can't afford. If you think Capital One is trying to pull a fast one then you have every right to have an attorney review any paperwork or settlement agreement. If you agree to something, and then violate it, they can have a judgement placed against you.

darenj · Mar 15, 2007, 12:26 PM

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 ?

shelley7180 · Mar 15, 2007, 01:50 PM

Capital One is muffed up!! I would go talk to an attorney. Most will give you advice for free. There is also a site called lawyers.com that you can pose this same question to, and someone will help you.

pa216 · Mar 15, 2007, 04:43 PM

Originally Posted by darenj

link to original posting, moved here in hopes of better visibility

https://www.askmehelpdesk.com/small-...tml#post304265

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!

What can a acredit card company do to collect a debt?

pa216 · Mar 15, 2007, 04:44 PM

What can a credit card company do to collect a debt?

darenj · Mar 19, 2007, 07:39 AM

Does anyone have any additional input ? I am practically begging for help here.

mr.yet · Mar 19, 2007, 08:59 AM

Deny all, and demand to see the original contract.

Was the plaintiff present? If not motion to dismiss, lack of jursidiction, you have the right to cross-examine the plaintiff, attorney cannot testify for their client, any thing the attorney states is hearsay. Move to strike any statement from him.

ONly they original contract will do, no copies, deny all until that happens.

No contract, no claim.

arwa123 · Apr 1, 2010, 12:39 PM

Darenj --

My name is Arwa, and I am a producer with a radio show called The Takeaway. It is a public radio program out of WNYC Radio and we air nationally. We are doing a story about this tomorrow! Can you talk to me about what your are experiencing... we are trying to get to the bottom of what is happening here with credit cards suing borrowers and taking their money without them knowing. If you want to talk about this, give me a call at 646-829-4060 or email at [email protected]