I think there a lot of companies out there that like to bluff but capitol one is not one of them. I am in no way experienced in this kind of thing and someone correct me if I am wrong, but I don't think capitol one sells their debts, they just assign them. And they will sue, for even under $500.
I received a letter from a lawyer last week suing me for almost $2000. I owed Capital $1000 but with interest and late payments I now owe them close to $2000. I'm suppose to go to court on Oct. 28th. My friend told me that she has gotten them but never bothered with them and that their just bluffing. I want to believe her, but I'm afraid that if I don't show up to court that I can get in bigger trouble. Any advice?
Your friend show check with her court house and see if there's any judgments against her.She is very foolish to ignore a summons.Cap 1 don't mess around they want dinero.
Were you served with papers? You'll have to check your state laws to see what constitutes proper "service" in your state, but as a shortcut you can always call the courthouse and see if a suit has been filed against you. If a suit has been filed, you need to respond -- they are not bluffing. On the other hand, if the letter says you have been sued and it turns out that they did NOT sue you, you may be able to collect damages from them.
As far as I am concerned those who want dinero will have to go see my dinero manager. My dinero manager is Helen Waite. If they want dinero they have to go to Helen Waite.
That's my point the friend could have judgment's she has no idea about.But when it comes to a ca i only deal with the oc.In fact arrow called one time and i told them i was paying my bills as we speak.Then told the lady arrow,arrow,arrow nope you not on this month's list,maybe next month,do you want to settle before i take you to court.Never heard from them again.
If you have been served with papers you must go to the hearing on the proscribed date and time. I know it's scary but the Judge will cut you a LOT more slack than Cap 1 will. Let us know how it goes.
What state are you in? Is this small claims court? Were you supposed to file an Appearance and an Answer? Your friend might not be running her lamp at full wattage. When someone serves you, the "bluff" is over. You'll likely get a default judgment against you for whatever the amount is on the Complaint. Depending on the state, an interest rate that might even be the default contract rate will also be added. This can quickly spiral out of control because many default rates today are in the 30% plus range.
Definitely check to see if there are any default judgments out there and if you've moved since they last paid - check those counties too. If you ignore a Cap1 judgment you might discover they weren't bluffing via a surprise wage attachment. Their attny's aren't great to deal with but it's better to work with them (in writing!) than letting them get a judgment
Now how are they going to pull a magic rabbit like that out of their hats? Defendants have to be served at least twice for that to happen. Why do you think Cap1 attorneys are any less great to deal with then any other attorneys?
Two magic rabbits cap1sucks, It happened to us. We had moved, their filing even had our address crossed out but...the state we lived in allowed 3 newspaper publications as proper and legal notice for a judgment. Didn't know anything about it. Almost 2 years later found steady work, transferred job to TX that didn't even allow garnishments but they do under certain circumstances depending on your employers locations. According to HR, (who you'd think know we'd moved) they sent a garnishment notice 2 weeks after we left. It was returned to them. First paycheck in new town - Direct deposit. We didn't have a place right away to get the paystub mailed. Actually thought deposit was lower because one of my checks was for the next payperiod. So, there's 2 rabbits- granted the timing was unusual. By the time we knew about it, the garnishment had been in place a few weeks, had difficulty getting an attny (even for legal advice)in the first state. Our new state, they wouldn't advise on it since they weren't familar with the laws. Found out we had been exempt from garnisment from day 1, though figuring that out and getting copies of the paperwork also took time. It would have cost more to try to get it set aside as not properly served than the judgment amount. As for their attorneys, dealt with 2 different firms representing them. Super-quick with their filing, garnishment (same day faxes, etc.) but went over the 12 weeks collection period (a month over), took 2 weeks to stop garnishment when they're supposed to act "on receipt" - in my opinion just more a pain than other attny's I've used over the years. Both firms have a fair amount of consumer complaints for their actions and are on rip-off report sites. I was just wanting the orig poster to know that its much easier to deal with pre-judgment than post-garnishment. And a reminder to check former counties if they've moved. I do realize our situation regarding notices, etc was unusual.
