Capitol one sueing in the morning, (small claims) went to the court house today and paid $149 for appearance and I have the option to file an answer before the hearing. I want to see the original application as it was done over 5 years ago. Also I would like to see an accounting for the amount above the credit limit as to make sure of proper accounting (anything else pertinant I could ask for?). How do I format such an "answer". Any help greatly appreciated!!!
An answer is not a question. IN an answer you would just affirm or deny... Asking questions is what interrogatories and discovery is for . I never knew you had to PAY to file answers to a suit. Talk to the clerk in court to make sure you know the rules of civil procedure . Good luck! Woofer
Just saw that you are only going to small claims. You will have a lot more leeway in what you can do and what you can't. I still do not know why you have to pay the money to a small claims suit. Oh you may get a default judgement against plaintiff as he/she may not even show up! If he/she does do not let them intimidate you. If you do not understand something, be courteous but speak up, and say "Your honour, I did not hear that, or I did not understand" You know a lot more about your case then this rent a lawyer is going to and he/she may have NO paperwork on your case. Woofer
Not so Bad Ok, had court on thurs morning, was advised by a bar recommended attorney to stop and pay the fee to "appear" $149, was told by attorney and clerk that if I elected not to pay this fee Judge may not "hear" me. Not so sure this was necessary as the Judge was very accomadating, I disputed claim and was prepaired to ask for a continuance when to my supprise as soon as I said I disputed the the Judge maked my file to "hear" the case, then I was asked if August date was ok and I replied "September would be better", plantiff attorney said no problem Judge said yes, no continuance necessary as this should be plenty of time to get necessary info from plantiff attorney. If Capitol One is as strong as I've heard from all I've read so far then at least this gives me time to consult properly with an attorney and see if settlement is possiable. The only real asset I have is my house and that's in tennancy in the entirety and from what I've been told so far they cannot attach. So settle for something or maybe get judgement and collect when hell freezes! Will keep all aprised of outcome. Meanwhile any other suggestions about where I may be able to trip Cap 1 up would be appreciated. Final Note many thanks for all the PM's and help to WOofer !!!!! REALLY APPRECIATED!!!
WHat is the limit on small claims there? Here it is under 2K so I am marveling at the fact that an over 5K suit is in small claims instead of civil. This would depend on your state.I would advise though for you to get a HOMESTEAD. YOu can do it yourself and I did mine and it was less than 50 dollars. Each state is different but it is defintiely something you should do IMO. Well a a judgement is not the worst thing, BUT it would be much less of a hassle for you to not let it get that far if you can. Glad to help, thanks much for the thanks and letting us know what has happened so far. It DOES get easier going to court, and especially when you win, WOW what a feeling. Now we still need for you to find out if it is a business account, and you have to get your credit reports. For a quick review of them you can purchase on line here and there is a link. You want to see who has put a collection on your account or what date the charge offs are, or if the account has been so ld or transferred. You need to get that so we can help you more. All the best Tim! Woofer
