Being sued by Capital one

[Anonymous]

thta i owed an outstanding balance to a CC company.  and file appearance,

can you PFD an attorney?

[Anonymous]

"thta i owed an outstanding balance to a CC company.  and file appearance"

Is it in complaint form? Do you see terms like "breach of contract"?

My guess is that there is a complaint attached to the summons demanding the "outstanding balance". If not, you wouldn't have to file an appearance. I'm not a lawyer and can't give legal advice but I can tell you what I would do. I would file my appearance with a sworn denial statement if the amount they are demanding is not what you really owe. Then I would go to trial and make them come up with a witness, affiant or the actual plaintiff that has first-hand knowledge of your account. If one shows, which is highly unlikely, force that witness to account for the amount demanded from you to the exact penny. If this is too much for you, retain a lawyer. But, I would NOT deal with the collections attorney under ANY circumstances. JMHO.

"can you PFD an attorney?"

Go to the courthouse and ask the clerk to help you find the complaint in their database. She'll tell you if a complaint has been filed.

[Anonymous]

I discovered a judgement by Crap 1 on my report. The Collection is about to drop off, so they filed a judgement and jumped the debt from $2600 to $6700 (fees, interest). . Problem is, they forgot the subpoena! I'm going to send a letter to Crap 1 CEO, demanding proof of subpoena served, and tell them if they cannot supply to vacate the judgement . They dont do that, I'll file a motion with the court to vacate due to improper service (in this case, none).

Its really not difficult to file a motion, lawyers make it seem like some secret society. Just read up about the rules and procedures in your local jurisdiction.

[midwestgirl44]

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@Anonymous wrote:

I discovered a judgement by Crap 1 on my report. The Collection is about to drop off, so they filed a judgement and jumped the debt from $2600 to $6700 (fees, interest). . Problem is, they forgot the subpoena! I'm going to send a letter to Crap 1 CEO, demanding proof of subpoena served, and tell them if they cannot supply to vacate the judgement . They dont do that, I'll file a motion with the court to vacate due to improper service (in this case, none).

Its really not difficult to file a motion, lawyers make it seem like some secret society. Just read up about the rules and procedures in your local jurisdiction.

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Rule #1 - Don't contact the other party! Their proof of service must be filed with the court and if there was a summons issued it would also be filed with the court. I'd check with the clerk first. If they do not show a subpoena issued then file a motion to vacate and schedule a court date with the improper service as your reason for the motion to vacate. Papertrail is a must when dealing with the court system.

[Anonymous]

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@Anonymous wrote:

I discovered a judgement by Crap 1 on my report. The Collection is about to drop off, so they filed a judgement and jumped the debt from $2600 to $6700 (fees, interest). . Problem is, they forgot the subpoena! I'm going to send a letter to Crap 1 CEO, demanding proof of subpoena served, and tell them if they cannot supply to vacate the judgement . They dont do that, I'll file a motion with the court to vacate due to improper service (in this case, none).

Its really not difficult to file a motion, lawyers make it seem like some secret society. Just read up about the rules and procedures in your local jurisdiction.

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Contacting the judgment creditor at this stage would be one of the most foolish things you could do. 

First of all, CrapOne can -- and probably will -- tell you to go pound salt as they are under no obligation to satisfy your -- as they see it -- last minute whims & desires.  They will tell you to take your troubles to the court.  In the meantime, they will likely notify their legal team who can try and cure any possible defects and / or minimize any adverse effects to their case.

You don't need to be a member of the Secret Society to know that if is always best to contact the court clerk and do your homework first.  And then -- if appropriate -- strike without notice. 

Maybe you really should join the Secret Society.