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Capital One summons HELP

pnrbma
Regular Contributor

Re: Capital One summons HELP

I had to travel out of town for work today and am not confident I will get back in time. Should I call the courthouse??  The attorney representing CapOne? CapOne? or the attoryney office that sent me the letter where I learned of this by them advertising their services??

 


@ItsCASHual wrote:

@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. 


 

Message 11 of 57
ItsCASHual
Regular Contributor

Re: Capital One summons HELP

I personally wouldn't call the attorney for Capital One yet. I would first want to find out exactly what is going on at my courthouse as this is what really matters right now. You can try calling them but most times it is much better to go there to ask all your questions. If you can't get there today then perhaps on Monday....

 

Then after you know if there is a court date and/or judgement already entered, if the papers were truly served and recorded with the court as proper service/notice of intent to sue, you can then consult a local attorney or contact Capital One after you know what is happening at the court.

 

Others may have a different opinion but that's where I'd start.

FICO 8

Message 12 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP


@ItsCASHual wrote:

I personally wouldn't call the attorney for Capital One yet. I would first want to find out exactly what is going on at my courthouse as this is what really matters right now. You can try calling them but most times it is much better to go there to ask all your questions. If you can't get there today then perhaps on Monday....

 

Then after you know if there is a court date and/or judgement already entered, if the papers were truly served and recorded with the court as proper service/notice of intent to sue, you can then consult a local attorney or contact Capital One after you know what is happening at the court.

 

Others may have a different opinion but that's where I'd start.


I appreciate ALL of your opinions as I was LOST on where to even begin.

Message 13 of 57
Brian_Earl_Spilner
Community Leader
Mega Contributor

Re: Capital One summons HELP


@pnrbma wrote:

@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. 


It would be better if you had a chance to look up reviews for an attorney. The benefit of having an attorney is they already know people, both at the courthouse and I'm sure cap1 as you aren't the first to be sued. In my case, my attorney called portfolio directly and was able to get all the info from the courts in less than an hour. Not saying that will happen for you, but if you can't make it down there, this is the next best thing. Unfortunately, they usually want to meet first to discuss the case and payment.

    
Message 14 of 57
Brian_Earl_Spilner
Community Leader
Mega Contributor

Re: Capital One summons HELP

Whatever you do, DO NOT call cap1. You may end up shooting yourself in the foot.

    
Message 15 of 57
creditwarrior2317616
Valued 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. 


+1

Message 16 of 57
Thaitea007
Regular Contributor

Re: Capital One summons HELP

I had a judgement placed from cap one, Once it was paid though I was able to get a secure card with them about a year later.
But you definitely don’t want that on your report.
Starting Fico (6/29/18):EX 610, TU 595, EQ 603
Fico (9/1/18):EX 620, TU 599,EQ 631
(10-1-18) EX 630, TU 607, EQ 641
Goal: 670(Jan'19)

,
Message 17 of 57
Shooting-For-800
Senior Contributor

Re: Capital One summons HELP

How much do you owe them?

Have you called and asked for settlement amount and/or payment plan?

When is your court date?

 

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $400k unsecured credit in 2022.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!


Message 18 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP

Update:

I barely made it to the courthouse Friday. I gave the woman the letter I received and she pulled it up and really just told me the what I already learned on my own- that records state I was served and the description of the person listed.

She advised me to write a letter to the judge notifying him that I was not actually served and gave me the address that I should mail it to. 

She did not say there was a date set or anything more, and I was so nervous and knew they were ready to leave that I forgot to ask! I am hoping she would have told me if there was a date, but being that the records I looked up did not have one either, I am guessing there must not be one. 

What should I include in the letter? Is there a sample out there to go by? I was not sure how much information I needed to include as I would guess that the person who receives the letter does not have time to read a whole lot. Or is her advice the "right" approach to figuring this out?

Any additional advice or guidance now??

I appreciate ALL of the help!!!!

The records I found online show that I owe $4836.98 plus $260 court costs. They also state "To settle, please call 800 600 2005." So apparently that is an option.

 

Message 19 of 57
Shooting-For-800
Senior Contributor

Re: Capital One summons HELP

I would investigate settling. 

They may take less than balance.

I have settled accounts for as low as 30% of the original balance.

Cap One may not settle for less if they think they can garnish your paycheck.

What is your annual income if you dont mine stating?

I would try to get on a payment plan you can afford, if nothing else, it delays any legal action.

If they get a judgement and you make decent income, they may get a wage garnishment.

This would allow them to take part of your paycheck each period and your employer will know all about it.

 

I would also request all statements since the day you became late.  This will allow you to see how much of the balance is fees, interest, etc.

 

Do you have other accounts that are behind and/or written off?

 

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $400k unsecured credit in 2022.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!


Message 20 of 57
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