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Capone suing

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A1Credit
Established Contributor

Re: Capone suing

I was sued a couple of years back by Capital One.  Like you, I was beyond scared but it wasn't all that bad.  Since they are the OC, I wouldn't risk trying to challenge them in court unless that is something you really want to do.  I simply called the law office and made payment arrangements instead of going to court.  After they received the final payment the case was dismissed with prejudice.  The end.  

 

Good luck to you and I hope everything works out.

***Gardening 3/29/2018 until 9/25/2018***

FICO 8 Scores: EQ~692 l TU~657 l EX~669
Message 11 of 21
Anonymous
Not applicable

Re: Capone suing


@A1Credit wrote:

I was sued a couple of years back by Capital One.  Like you, I was beyond scared but it wasn't all that bad.  Since they are the OC, I wouldn't risk trying to challenge them in court unless that is something you really want to do.  I simply called the law office and made payment arrangements instead of going to court.  After they received the final payment the case was dismissed with prejudice.  The end.  

 

Good luck to you and I hope everything works out.


Thank you for your response! 

Message 12 of 21
gdale6
Moderator Emeritus

Re: Capone suing

The can also choose to sue in their own jurisdiction (the state they are incorporated in) I would check the county of the Capital of Deleware for an action and for good measure the county in VA that their corp HQ is in.

Message 13 of 21
Anonymous
Not applicable

Re: Capone suing

Depending onthe age of your account you may have an arbitration clause.  Best option. I have known several people who beat them in court. Their attorney relies on you playing dead and roling over. They frequently don't have all the docs to get a judgement.Especially if you fight them Read up on FDCA I will almost insist they have made multiple errors worth more than what you owe. 

Message 14 of 21
Anonymous
Not applicable

Re: Capone suing

The account isn't too old. Last pymnt I made to Cap1 was Sep.2016. I know it's a CA suing because they keeping leaving a note with an 800# to call. When I looked up the number I found a lot of complaints.

 

I will contact a lawyer based on good reviews, who doesn't charge for a consultation, and one who is willing to help me. Wish me luck, guys! I'll be back daily with new updates 

Message 15 of 21
Anonymous
Not applicable

Re: Capone suing

**Update**

 

I just got off the phone with a lawyer who suggested I call the number listed on the letter and setup an appt to get served. He then wants me to call him back (the atty) when I have been served, does that sound right? I thought getting a lawyer before getting served was the better thing to do. Any suggestions? 

Message 16 of 21
Anonymous
Not applicable

Re: Capone suing

Truthfully, I think you may be better off calling capone and talking with them about it. I think that is a very short span of nonpayment to charge it off and send to a legal firm. You may be surprised how willing a credit company is willing to work with you. My husband did that for us when we were in a rough patch. He called and went up their chain of people and talked to someone who lowered the interest rate to 0% for 6 months and worked out a fair payment scheudle that we could meet. His whole point was that he would rather work with them and pay them than not pay them.

 

You should have gotten a letter in the mail telling you about the debt and the attempt to collect. Just getting served right off the back seems weird to me. With all the scams going on today, I would not freak out until you truely have a summons in hand.

 

Best of luck to you.

Message 17 of 21
Anonymous
Not applicable

Re: Capone suing


@Anonymous wrote:

Truthfully, I think you may be better off calling capone and talking with them about it. I think that is a very short span of nonpayment to charge it off and send to a legal firm. You may be surprised how willing a credit company is willing to work with you. My husband did that for us when we were in a rough patch. He called and went up their chain of people and talked to someone who lowered the interest rate to 0% for 6 months and worked out a fair payment scheudle that we could meet. His whole point was that he would rather work with them and pay them than not pay them.

 

You should have gotten a letter in the mail telling you about the debt and the attempt to collect. Just getting served right off the back seems weird to me. With all the scams going on today, I would not freak out until you truely have a summons in hand.

 

Best of luck to you.


You're right, something doesn't seem right to me either. Thank you for your response 

Message 18 of 21
Anonymous
Not applicable

Re: Capone suing

So I got served today. Cap1 sent a copy of the last statement. It has only been about 5months and they're suing already. The balance is for 3K Smiley Sad

 

Message 19 of 21
Anonymous
Not applicable

Re: Capone suing

I have also received lawyer advertisements as well. I only had 2100 I owed. Gonna call and talk to them tomorrow about a settlement.

Message 20 of 21
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