Help - Got a Court Letter

[Anonymous]

I just disputed a Cap One account and the amount... here are the details

Current Status: CHARGE-OFF 

Account Owner: Individual Account. 

High Credit: $0   Type of Account :

Revolving Credit Limit: $500  

Term Duration:  

Terms Frequency: Monthly (due every month) 

Date Opened: 05/2000  

Balance: $1,875  

Date Reported: 08/2007 

Amount Past Due: $1,875 

Date of Last Payment: 09/2003 

Actual Payment Amount: $0  

Scheduled Payment Amount: $0  

Date of Last Activity: 09/2003 

Date Major Delinquency First Reported: 08/2004 

Months Reviewed: 24  Creditor Classification:  

Activity Description: Closed 

Charge Off Amount: $1,066  

Deferred Payment Start Date:  

Balloon Payment Amount: $0  

Balloon Payment Date:  

Date Closed:   T

Type of Loan: Credit Card  Comments: Charged off account,
Account closed by credit grantor  

All of the amounts are different and confusing!!! So I get an letter today NOT CERTIFIED that says Motion for Telephonic Appearance Pursuant to Florida rule 2.071

Pretrial for 10 am Aug 29th  -  The SOL for FL is 4 years so they are trying to get this in before next month...

My question is, is this legit??? I mean it wasn't delivered, it wasn't certified

A letter was enclosed that they supposedly sent to the court house saying this...

Dear Judge:

With reference to the above entitled matter, I enclose herewith the motion for Telephonic Appearance and a proprosed order. Kindly review the same and if it meets with your approval, please execute and send conformed copies to the parties envolved.

Anyone ever had anything like this???  What are they asking for? A call with me??

I wanted to know what all the charges are for.... I had a credit limit of $500 they wrote off $1066 then reported this month that my past due is $1875.

I disputed on 8/22, this letter was dated Aug 23rd and I just got it today the 27th and they want the court date the 29th???

Can anyone help me???

[Anonymous]

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Want2BDebtFree wrote:

I just disputed a Cap One account and the amount... here are the details

Current Status: CHARGE-OFF 

Account Owner: Individual Account. 

High Credit: $0   Type of Account :

Revolving Credit Limit: $500  

Term Duration:  

Terms Frequency: Monthly (due every month) 

Date Opened: 05/2000  

Balance: $1,875  

Date Reported: 08/2007 

Amount Past Due: $1,875 

Date of Last Payment: 09/2003 

Actual Payment Amount: $0  

Scheduled Payment Amount: $0  

Date of Last Activity: 09/2003 

Date Major Delinquency First Reported: 08/2004 

Months Reviewed: 24  Creditor Classification:  

Activity Description: Closed 

Charge Off Amount: $1,066  

Deferred Payment Start Date:  

Balloon Payment Amount: $0  

Balloon Payment Date:  

Date Closed:   T

Type of Loan: Credit Card  Comments: Charged off account,
Account closed by credit grantor  

All of the amounts are different and confusing!!! So I get an letter today NOT CERTIFIED that says Motion for Telephonic Appearance Pursuant to Florida rule 2.071

Pretrial for 10 am Aug 29th  -  The SOL for FL is 4 years so they are trying to get this in before next month...

My question is, is this legit??? I mean it wasn't delivered, it wasn't certified

A letter was enclosed that they supposedly sent to the court house saying this...

Dear Judge:

With reference to the above entitled matter, I enclose herewith the motion for Telephonic Appearance and a proprosed order. Kindly review the same and if it meets with your approval, please execute and send conformed copies to the parties envolved.

Anyone ever had anything like this???  What are they asking for? A call with me??

I wanted to know what all the charges are for.... I had a credit limit of $500 they wrote off $1066 then reported this month that my past due is $1875.

I disputed on 8/22, this letter was dated Aug 23rd and I just got it today the 27th and they want the court date the 29th???

Can anyone help me???

---

FIRST  call the courthouse and ask about a phone appearance...DO NOT say who you are!! Also call the AGs office and ask about the same AND ask if a creditor can just send un certified or if it must be given to you by a prosess server?

Just say I was told that a creditor can just send a notice by reg. mail & if I do not receive it tough.

I would think that they need to give at least 30 day notice. You have a right to defend yourself.

READ PM MESSAGE

Message Edited by HappyDays on 08-27-2007 05:15 PM

Message Edited by HappyDays on 08-27-2007 05:17 PM

[Anonymous]

Burn the letter, change your phone numbers ( get in someone elses name ). anything that comes into your mailbox where you have to sighn for it: Just say: NO ESTA AQUI< NO SE< NO ESTAN EN LA CASA. or say that you won't sign nothing. DO NOT SIGN ANYITHING! They can send certified letter in a week or so, where you will have to sign it. Ask the mailman to see it first.

That's it. Don't sign nothing. They can just kiss you behind.

[Anonymous]

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montana wrote:

Burn the letter, change your phone numbers ( get in someone elses name ). anything that comes into your mailbox where you have to sighn for it: Just say: NO ESTA AQUI< NO SE< NO ESTAN EN LA CASA. or say that you won't sign nothing. DO NOT SIGN ANYITHING! They can send certified letter in a week or so, where you will have to sign it. Ask the mailman to see it first.

That's it. Don't sign nothing. They can just kiss you behind.

---

The letter came from the court... You do have the right to defend yourself, but the court is NOT under any rule to give you 30 days notice... MAKE SURE YOU ARE ON THE CALL!!!! And ask for a continuence if you feel like you need some time to prepare.

The WORST guidance here would be not to respond when a court order arrives via snail mail or otherwise. ALWAYS take full advantage of your rights... If you don't show on the call, a summary judgement will likely be entered against you.

Sorry to flame you Montana, but this is a board with a goal to strengthen our FICO position, not evade paying our debts (which at the end of the day works against us.)

Good Luck!

Rob

[Anonymous]

did this come from court??? or cap1?

[Anonymous]

The letter came from the court... You do have the right to defend yourself, but the court is NOT under any rule to give you 30 days notice... MAKE SURE YOU ARE ON THE CALL!!!! And ask for a continuence if you feel like you need some time to prepare.

The letter didn't come from the court.... it was in an envleope from the CA/Law Office I guess Cap One hired and my name was hand written and it had there return logo in top left corner...so not from the court... it was papers they supposedly sent to the court in my county....

No I just got them today the 27th and they are asking for the 29th for the call... No way a judge can get it and sign off on it and send the order to me to be on the call within 2 days.... You think?

I disputed it because of the outrageouse amount they say I owe... I am not saying I don't owe...just not that much and I am trying to get my life on track

[Anonymous]

post - edit

Message Edited by FICO_Focused on 08-27-2007 08:40 PM

[Anonymous]

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Want2BDebtFree wrote:

The letter came from the court... You do have the right to defend yourself, but the court is NOT under any rule to give you 30 days notice... MAKE SURE YOU ARE ON THE CALL!!!! And ask for a continuence if you feel like you need some time to prepare.

The letter didn't come from the court.... it was in an envleope from the CA/Law Office I guess Cap One hired and my name was hand written and it had there return logo in top left corner...so not from the court... it was papers they supposedly sent to the court in my county....

No I just got them today the 27th and they are asking for the 29th for the call... No way a judge can get it and sign off on it and send the order to me to be on the call within 2 days.... You think?

---

Yes a judge can and most likely will enter a summary judgement if you are not on the call...

Rob

[Anonymous]

the court would not send CMRRR but it WOULD have a return address of the courthouse

[Anonymous]

is the return address in FL.?