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Capital One summons HELP

pnrbma
Regular Contributor

Capital One summons HELP

I received a letter in the mail from a local attorney office stating “according to our records, a lawsuit has been filed against you by Capital One. Records show you were served July 7, 2018.”
I immediately saw this as a red flag because I would certainly remember being served. I decided I better look into this just in case as I knew I truly did owe Capital One two charge offs. I went to my state website for online records and paid to look up case files which I found.
One document stated “THE DESCRIPTION OF THE PERSON WITH WHOM THE COPY OF THIS PROCESS WAS LEFT IS AS FOLLOWS: Who accepted service, with identity confirmed by subject reaching for docs when named, a brown-haired white female approx. 35-45 years of age, 5'6"-5'8" tall and weighing 140-160 lbs.”
I would remember this!!! I would have panicked and would have started to figure out a plan for this. I wondered if I was crazy because I remember taking my daughter to another town that day for a sleepover and I even stayed down there a long time before returning home. So I went through all my old texts and I was right – that is what I did that day. 
Another thing I find odd, on the case details papers where it shows my info, of course the social is mainly x’d out but it shows “SSN: XXX-XX-X999” and those are not the last digits of my social. They have my address correct and it does not list a date of birth.
So what should I do???
Do I call Capital One, or the lawyer that is listed on the paperwork I got from the online records I looked up?? Please, any advice is much appreciated!!

Message 1 of 57
56 REPLIES 56
ItsCASHual
Regular Contributor

Re: Capital One summons HELP


@pnrbma wrote:
One document stated “THE DESCRIPTION OF THE PERSON WITH WHOM THE COPY OF THIS PROCESS WAS LEFT IS AS FOLLOWS: Who accepted service, with identity confirmed by subject reaching for docs when named, a brown-haired white female approx. 35-45 years of age, 5'6"-5'8" tall and weighing 140-160 lbs.”
I would remember this!!! 

 

Does this description match you? I'm surprised because I never knew that this would even be considered legit (service) in the first place as that info may be easily obtainable through various sources these days...Facebook, neighbors, coworkers, etc. Anyways, I've been served papers personally by Calvary this year and my suggestion would be to go to the courthouse and respond to the summons no matter what to avoid a default judgement entered against you.
The court gave me the summons response papers....easy to fill out...all check boxes, then sign. A court date was sent to me and in a month or so I went to court and I worked out a payment arrangement. It really was easy peasy. Even had money to pay with me on court day and they put the first payment for 45 days out so I kept the money to pay something else off in the mean time.
Good luck to you....
FICO 8

Message 2 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP

my hair is light brown, so the brown part is correct; I am 31 and people rarely guess my age, instead they think I am younger; I am 5'7 so the range listed is accurate; but I weigh 190 so the weight they listed is way off. 

The papers I found online noted that it needed to be returned within 14 days, and so I am way past that as it lists that I was served on July 7! Which is why I really have no idea what the best way to approach this now is.

Message 3 of 57
ItsCASHual
Regular Contributor

Re: Capital One summons HELP

Is it possible they served the papers to someone at some other address? I would go to the courthouse and tell them you were not properly served...you can testify in court under oath, right? The court date for judgement may be coming near.....find out when that is and make sure you show up

FICO 8

Message 4 of 57
rbentley
Established Contributor

Re: Capital One summons HELP

Has a judgment been entered?  If not, you need to immediately answer.  You don't want a default judgment.  Do not put this off.  It should be a priority for today.

Message 5 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP

There is nothing listed on the case summary under court info: court date, judgement date, etc - all the fields are blank. I live alone with my 7 yo daughter, so I have no idea what could have happened. 

Message 6 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP

how do I answer though?? 

Message 7 of 57
ItsCASHual
Regular Contributor

Re: Capital One summons HELP


@pnrbma wrote:

how do I answer though?? 


Immediately get to the courthouse today since it's Friday. They typically close at 4 or 5 pm. You need to have this info and respond if they'll let you. 

FICO 8

Message 8 of 57
Brian_Earl_Spilner
Community Leader
Mega Contributor

Re: Capital One summons HELP

Contact a consumer protection attorney. They can call cap1 on your behalf. You may be entitled to damages and having the case thrown out. This isn't that uncommon when they can't locate you. 

    
Message 9 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP


@Brian_Earl_Spilner wrote:

Contact a consumer protection attorney. They can call cap1 on your behalf. You may be entitled to damages and having the case thrown out. This isn't that uncommon when they can't locate you. 


Should I call the attorney that sent me the letter then?? Becuase I don't know if I can get to my courthouse before closing today as I had to drive out of town for work. 

Message 10 of 57
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