Last month we started getting visits at night from a menacing looking guy beating on our door. It was a plain gray car outside and no one official looking, so I just didn't answer the door. The next time he came, I don't know why, I was just scared and didn't answer. Day after day of fear just keeps building. While I was away on business retreat with my husband, my in laws answered our door and were given a summons from Capital One. 20 Days to answer. That was January 18th. For a $300 credit card belonging to my husband that he quit paying on 3 years ago when he lost his job and became a stay at home dad for our youngest. They now want over $900 It's been quiet, but tonight the door banging was back, and this time he circled our house shining a flashlight in our windows and even staked out on the street the next block over. My husband just checked the door and there is a red notice on the door that just says "Wright County Sheriff's Department" Neither of us has ever been in trouble with the law, but I'm terrified. We don't have alot of credit card debt as far as what we owed when we stopped paying. Just 3 or 4 $300 to $500 cards. I guess I was delusional thinking they would just leave us alone. I don't know what to do...
First of all, you'll need to answer the summons. Who is suing you--Cap One or a collection agency? When was the last payment made? Capital One usually has a choice of law provision in their agreements, citing Virginia law, where the SOL is three years. You will need to become familiar with the procedures in your local court to know how to answer and ask for discovery. Also, call the police and find out if it is really an officer going around shining a light in your window. The summons has already been delivered, there should be no reason for the sheriff to be coming around. May be someone impersonating an officer.
I think it might be for another Capital One credit card. And the summons we have is from CapitalOne. The last payment was gosh...a long long time ago, at least two years, maybe 3. So we should call the local court and ask how to answer and ask for discovery? and answer the door. we can't be arrested for not paying a credit card can we?
Not knowing the laws in your state i would say that he's harassing you.you need to find put who he is.Sooner or later you need to answer that summon's or they'll get a judgement on you.If it continues call 911.Just tell them to leave your yard that their trespassing..also they should say who they are.like Police department,or Sheriffs office.
And they should have some sort of identification that can be verified by calling the sheriff's office to make sure that it's real.
The court can't do anything more than guide you to forms if they have them for you to file an answer - they can't give legal advice. There are no more debtor's prisons . What state are you in, and what court was this filed in? Cap One is getting agressive with law suits.
