Failure to appear

They will get a default judgement,you could call the court clerk and see what they say.

 

And that default judgment might contain provisions to garnish your wages AND freeze your bank accounts. To avoid the accounts being frozen, close those bank accounts NOW, and pay your bills with money orders. If your pay gets automatically deposited get your employer to issue you a paper checks and cash them.

 

Are you afraid of the sleazy attorney? Are you going to be out of the country? Why can't you appear?

 

You have no defense since it is the original creditor? Maybe you do. First of all, Cap One may not be the actual plaintiff. Let's get some facts here. Who is the attorney that filed the suit? Were there any affidavits filed in the case? If so who is the affiant, who is the notary and what state is the notary from?

Secondly, have they provided you with any proof of their claim? Any copies of statements? A copy of the agreement?

How much are they asking for attorney fees?

What on earth do you mean by saying you have no exempt assets? Don't you realize that even filing that lawsuit was a palpable threat to take your only exempt assets? Don't you realize that making such a threat is an illegal act for which you can sue them? They would have no defense whatever. It would cost you absolutely nothing to file the suit since you could easily qualify to file in forma pauperus.

Is your wife being sued too? Does she work or have her own income or what? If she has income from any source then get her name off your checking account and make her get her own checking account and do it now. Don't even think twice about it.

Count on the fact that you are going to have to make an appearance at some point in time. They may not be able to throw you in jail for failure to appear for the judgment hearing but their next step will be to file for garnishment and you may not have to show up for court even then. If you don't then they might be able to have you thrown in jail for contempt of court. They might not be able to throw you in jail even then. They may have to file for an assets hearing and if you don't show up for that then they really can have you thrown in jail for contempt of court. So one way or another, at some point in time they can have you thrown in jail for contempt of court. I doubt they can do it for failure to show up for a judgment hearing however. You need to understand that a judgment is nothing more than a court ruling that you owe the money but in most states it is not an order to pay. That is what garnishment is for. It all depends on your state laws and they vary from state to state. So at some point in time you are going to have to show up in court or else go to jail. One or the other.

So if you are so bad off that you can't even speak for yourself then you will have to get someone to help you. Your wife or an attorney or someone. Are you so bad off you can't even walk and talk? You seem to be quite intelligent and apparently you can operate a computer so it appears that you can talk quite well. So what is the problem with going to court?

The court don't care about all those things. The judge might even personally care and feel sorry but s/he still have their duty to perform and the only question before the court at this time is whether you owe the money. Either you do or you don't.

How you are going to pay or whether you have to pay or not is usually a question to be answered at a later date.

The point to be remembered is that it is illegal to threaten to do that which they cannot legally do. Filing a judgment (in your case) is a palpable threat to do that which they cannot legally do. Filing or getting a garnishment order is also a palpable threat to do that which they cannot legally do. Actually garnishment of money from your account is doing that which cannot legally be done and any of those are causes of action. You can sue them for that and that alone and your answers to each of the questions that I have asked you might turn out to be further causes of action against them.

Then the next question is when did you make your last payment to Cap One and what state do you live in?

 

Let me take a wild guess. The notary's name is Dudley Turner and the name of the affiant is Maisha Davis. Right or wrong? Or has TSYS of Atlanta dug up some new suckers to act as notary and affiant?

There is your defense or at least one possibility! What month in 2006 did you make that last payment? Statute of limitations is probably out on them.

That might be another one[/quote]Also they state she was asked if i was in the military she said no we know that's a lie. My wife is not being sued and she does work.The notary and affidavits are from georgia and i'm being sued in ny.

So your wife works. Get her off your account. If they can prove that some of the money in your account is from some source other than your pension then they can grab it all. So make her get her own account. If you fail to do that then one fine day when her check and yours hit about the same time you are likely to find that all of the money is gone. You will probably find out about it when she goes to the store and tries to buy groceries and they won't take her card or her check. By that time the bank will most likely have tacked on a hundred or so for answering the garnishment, some other checks will have bounced and you are in deep trouble. Now tell us more about that phony affidavit from TSYS. Yes, TSYS. And who is the lawyer that sued you? I could almost guess that too.

This section i don't understand i said i have no non exempt assets.They don't know i receive disability as my only income.[/quote]It is going to be up to you to teach them that and failing to show up in court isn't going to get that done.

That's a good guess but it also just might be for a scheduling hearing. Only way to find out is to go to the courthouse and get a look at what is in the file. Don't let your disability get you disabled financially as well. Respond to that summons. Whatever the hearing is about go get you some more time to respond. At the very least file a motion for more time to respond, but respond to it somehow. I realize that I don't understand how bad your disabilities are or how they affect you but surely you can find somebody who can help you get the job done. What city do you live in? I know some people in NY who might be willing to help you depending on where you live.

 

Well, I was pretty close with that guess. Maisha Davis and Jamela Singletary both work for TSYS in Atlanta, not Cap1. I'll bet that Davis claims to work for the "plaintiff" but the plaintiff is not named as being Cap1. Maisha Davis is named as one of several defendants in a class action lawsuit by Edleman & Combs out of Chicago. The lawsuit is over false affidavits by Maisha Davis and several others who have been filing false and misleading affidavits for TSYS who runs an outfit called NAN or National Attorney Network. I know another gentleman who filed his own lawsuit against another famous attorney firm and TSYS. He won his case easily. The results are on Pacer. The actual details of the final settlement are not available due to a confidentiality agreement between the parties. TSYS gets nearly all Cap1 chargeoffs then turns them over to their subsidiary, NAN, for selection of attorneys to pursue the matter in local courts. NAN provides those false and misleading documents to the attorneys who file them in their cases as though they were valid documents which they are not.

That don't answer my question. First of all, yes, the SOL in NY is 6 years but that is not relevant since the contract calls for Virginia law to be applied in case of legal dispute. Read it for yourself and find out. Don't take my word for it. Make them use the terms and conditions of the contract if time between the last payment you made plus 30 days to the date they filed the lawsuit is greater than 3 years. If not then you don't have a SOL defense.

Yes, I've heard about that but have not read it.

 

Peeper, I just want to reiterate what others have said: You must appear at the hearing, and you must file a response with the court before the hearing.

Yes, you are protected by law. But it is YOUR responsibility to make sure the court knows that you are protected. If you respond properly, you will be ok. If you don't, you may find one day that your bank accounts are empty even though you the law "protects" them. You will have to spend much time and effort to get your money back.

It will be much easier to take care of this NOW!

 

That is the reason for my suggestion - close your bank accounts and cash your disability checks/buy money orders to pay bills. Eliminates the big surprise one day to find your account frozen by some crooked, sleazy creditor.

 

As I stated before, writing letters don't get it. You have to prepare your responses, motions or whatever in proper format. The court is not your friend nor do you address the court as Dear Judge Benchpounder. Courts use a format that is pretty standard but the document has to be worded correctly and formatted correctly. You need to contact someone who knows what they are doing to get it done correctly.

 

Peeper please do what these people are telling you prepare to defend your self.the only thing you should write is your respond to any legal action don't sit back and do nothing.

 

Looks to me like he might have nearly a slam dunk case against the lawyer for filing that false affidavit just for starters. I asked him what city he lives in so I can see if I can help him find somebody to help him that knows how to do this stuff and won't charge him a ton of money to do it but he didn't tell me what city he lives in.

 

I just don't know if he thinks he's exempt from court action or what but you never know what a judge will do.

 

Capital One usually hires TSYS to collect the debts for them. I haven't seen Capital One sell their debts. They assign them to TSYS and quite possibly other 3rd party debt collectors but they keep the accounts and usually are the true plaintiff. TSYS then uses their subsidiary corporation known as NAN or National Attorney Network to find lawyers in the consumers home state to file the lawsuit. Sometimes that lawyer will assign it to yet another lawyer in a specific county if they don't want to travel that far. In the process NAN provides the final attorney with the funny affidavits. There are also other attorney referally networks that work the same way. Some attorneys will use their funny affidavits and others won't.

That would be another reason to object. You can honestly claim you never had an account with that number.

Almost provably yes. Pretty easy to find out. A simple phone call will prove the point.

They cannot garnish nor threaten to garnish a government pension. Doing that is illegal under federal law. If they knowingly make a palpable threat to garnish a pensioner that is illegal, but you do have to let them know that your only source of income is your pension. If they don't know that you are a pensioner then they didn't violate by threatening to garnish. If they didn't know and did garnish then they did violate but then the bank should have informed them that a garnishment is not allowable. So about the only way to get a good cause of action against them is to respond to the complaint and let it be publicly known that you are a pensioner. Once you have done that then they attempt to garnish they have committed an illegal act and you have a cause of action. So filing a response is vitally important to you.