Help - Got a Court Letter

[Anonymous]

weezie wrote:
Want2BDebtFree, sounds like the letter you received is a "second step". You said the

You need to get clear on the "first step". You never received a copy of the complaint -- a document indicating that a lawsuit has been filed against you? Because you can't get to the second step of pre-trial motions and all that without this first step of something being filed against you. I'd first contact the court house and reference the case number on that letter to figure out exactly what's on file. If the complaint wasn't properly served on you, that's your first defense

Thanks for ALL the great info! I found my case online and this is what it said

Filing Date: 7/12/2007 Status Date: 7/12/2007

Case File Check In/Out Date: 8/28/2007 9:42:22 AM

7/12/2007 1 FF: SMALL CLAIMS $500 - $2499 $155.00

FINANCIAL 7/12/2007 1 ASM: SMALL CLAIMS 500 - 2499 $155.00

FINANCIAL 7/12/2007 2 OPN:

COMPLAINT COMPLAINTS/PETITIONS 7/12/2007 3 SCANNED DOCUMENT OPEN CMPT 7/12/2007 4

SUMMONS ISSUED 082907 1000 SUMMONS/SUBPOENAS

7/12/2007 5 MTN:

MOTION PROCESS SERVER 7/17/2007 1 ORDER APPOINT/PROCESS SERVER ORDERS 8/29/2007 1 CAL: SUM/NTA/ATTORNEY PRETRIAL Calendar Posting on 07-12-2007 SUMMONS/SUBPOENAS

So they originally filed in July and I RECEIVED NOTHING...how do I prove this... I had no idea anything was filed with court until yesterday....

[Anonymous]

go to www.naca.net      click  find an attorney    see If you can get help from one of them in your area.

[Anonymous]

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Want2BDebtFree wrote:

Thanks for ALL the great info! I found my case online and this is what it said

So they originally filed in July and I RECEIVED NOTHING...how do I prove this... I had no idea anything was filed with court until yesterday....

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If there is a hearing either on the phone or in person, be sure not to miss it.

Good Luck!

Rob

[Anonymous]

If there is a hearing either on the phone or in person, be sure not to miss it.

Good Luck!

Rob

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Thanks everyone! I was told by the court that I wasn't to participate in the call tomorrow or be there so I have no idea. What a mess!

[Anonymous]

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Want2BDebtFree wrote:

An attorney can not order you to appear ONLY a judge can do that.I think the attorney wants a jusge to ok them to file by phone.

Call the courthouse tomorrow.

_________________________________________________________________________________

I just wanted to know why the amount was TRIPLE what I owed.... I haven't spoke to these people... they call all the time but I never answer and didn't know that they were handling this account until I disputed it on EQ

Thanks for any advise!

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Because crap  and/or the cra is adding late fees and interest every month to your original balance when you stopped paying the bill

[Anonymous]

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steelfan wrote:

Because crap  and/or the cra is adding late fees and interest every month to your original balance when you stopped paying the bill

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Message Edited by JennLewis on 08-28-2007 09:39 AM

[Anonymous]

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steelfan wrote:

Because crap  and/or the cra is adding late fees and interest every month to your original balance when you stopped paying the bill

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Is that a Freudian slip?

The CA who owns the debt needs to disclose that to the debtor.  If the CA is tacking on additional fees, they need to disclose to the debtor how those fees are being calculated and prove that the CA is allowed to collect those fees.  If they're not doing that, it's a violation of the FDCPA (section 808). 

STUPID COMPUTER USER - I hit the button twice and it posted me twice.

Message Edited by JennLewis on 08-28-2007 09:39 AM

[Anonymous]

It shows charged off but it is the original creditor Cap One reporting it and this attorney works for them I guess or are they the ones really trying to collect?

I am in a mess... I need to file some motions and I am at work and cannot leave. I will call in tomorrow and maybe I will show up for that call at the courthouse and see if I can explain.

I cannot afford and attorney so I am SOL I guess... I am going to see if I can search and find some files so I can file a motion about the call. I mean I had ONE day for this.... UGH!  then a continuance so I can get everything in order. I tried to call the attorney and got a voice mail and no one has called me back.

I am going to request a summerized copy of what they say I owe.

Any other tips ... I hate to go it alone but if I could afford to pay an attorney I could pay it....

[Anonymous]

I had a similar problem, the OC was collecting on an alleged debt. The debt was over 9 years old, with some help from the folks at infinitecredit I was able to battle and get the morons to drop the lawsuit. Capital one sucks and they have been manipulating the way they report for ever and gotten away with it. They never report your actual credit line and the only way you will ever see your actual credit line is if you max out the card. They are verry aggressive collecting debts so be careful with them.

[Anonymous]

something to keep in mind...SOL goes by DOLA  it does not go by the date that is on you CR (or may not)...When they report DOFD to CRA  it could be 120-180 days after you missed payment......SOL is different...it goes by last activaty ONLY....You need to know when you last paid or used card....that is the date that SOL starts in Florida....YOU must know this as they will not tell you & will use later date.

Because of this you might be past SOL....Do you have old statments or cancelled checks?