Can you help me? I am being sued by Capital One for cc debt.
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#1
03-10-2009, 12:52 PM
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Can you help me? I am being sued by Capital One for cc debt.
I received a summons from a lawyer in New Jersey in regards to a credit card debt that I owe Capital One. They are stating that I owe Capital One approximately $1,500.00 more than what the original credit card limit was. The reason that I stopped paying them was because I was forced to leave work due to a medical disability and had to fight Social Security to begin receiving disability benefits. I originally applied for SS in 2006 when I left my job and finally won my case in December, 2008. The only income that I have now is Social Security Disability Income (SSDI) that barely covers monthly expenses.
My first question is, how should I respond to the complaint and do you know if my Social Security money and my bank account that my Social Security payment goes in each month (all of the money in my account was direct deposited by Social Security or SSI) are free from Liens? I live in Massachusetts. Thanks for your help. Ruth B 
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#2
03-11-2009, 05:16 AM
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Who is this alleged attorney? Have you been served by the sheriff? If you are in Massachusetts and this attorney is not licensed to practice law in Massachusetts then the summons is probably a fake.
Who are all the parties involved? They CANNOT touch a DIME of your SSI no matter where it is. It is exempt income. If they ask you to pay, tell them NO. Also tell them your bank accounts have income from SSI and is exempt also. If they tell you you have to pay, tell them NO NO NO!!!!! If the judge tells you to pay, tell them your income is from Social Security and tell them NO too.
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#3
03-11-2009, 05:48 AM
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Summons
Just because a lawyer is not licensed in a state, doesn't make a summons fake. But I'd also cover all basis and see if it's been filed in NJ. They need to contact their clerk of courts to see if it's real. If the summons is real, you do need to answer it I believe. Deny the amount owed, and tell them that your income is exempt since your only income is from disability. Never just ignore a summons.
But I agree. SSDI is exempt from garnishment unless it's fed taxes owed I believe and child support in some states.
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#4
03-11-2009, 06:16 AM
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were you served with the summons by a sheriff officer or a process officier? you can call either office to confirm if it is real. But either way you are exempt from garnishment. be careful thoguh I have seen cases where they took the money out through a bank levy and cleared out someone's account. this person was on disability and it was eventually reversed but he had a hard month without his money
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#6
03-11-2009, 07:04 AM
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good question, soap lady
 also who is the law firm? i am very familar with NJ summons.. and i know for a fact that it possible for them to use out of state attorneys, but i do not know how licensing comes into effect.
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I'm not as fed up anymore.. making extra money http://www.needbetterdays.blogspot.com
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#7
03-11-2009, 07:11 AM
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I am being sued by Capital One through a Kentucky attorney office located in Louisville. Apparently Capital One is hiring attorneys in the state you live in so they can sue and get money. My two cards started out as $500.00 debt each and they are now doubled. I have asked for debt validation on each one and have not heard back from them except for one. We are trying to get annuity money in order to pay these clowns off but have had no luck getting it. I have not heard from the attorney since the first of January, but I am sure the shoe will drop any day now and I will be summoned to court. They did file through my county court and I had to answer the summons. Captial One is suing for any amount. I checked my credit report and they were not charged off so they are probably legit. A consumer attorney from Bud Hibbs site advised to settle or pay them off to get rid of them.
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#13
06-02-2009, 03:00 AM
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The court process for civil courts:
"http://www.nedap.org/hotline/court.html" For specifics, look up your local county court in Google, and check their website for procedures and any forms you may need. Don't ignore it. Go to court and fight it. __________________
FRAUD: RECOGNIZE IT. REPORT IT. STOP IT. Rip-off companies - FTC. Phone harassment by Debt Collectors - FCC. Banking issues, like ACH problems - OCC.
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#14
06-02-2009, 06:47 AM
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Capital One is no joke, I was going to be sued by them a few years ago but I was preparing to file bankruptcy so that took care of it. I got my summons through the mail though which I though was wierd, but it was legit and they used an attorney in my state as well. They even mailed me a copy of all my statements and boy where they ticked when they found out I filed BK. They always use attorneys to collect their debts and they most likely end up suing you. I see that a lot with capital one.
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ILLINOIS LICENSE SEARCH / CONSUMER CREDIT / GUIDE TO PAYDAY LOANS http://www.idfpr.com/dfi/ccd/ccd_licensees.asp ILLINOIS PAYDAY LOAN LAWS http://www.paydayloaninfo.org/state_detail.cfm?id=IL WISCONSIN PAYDAY LOAN LAWS http://www.paydayloaninfo.org/state_detail.cfm?id=WI WISCONSIN LICENSE SEARCH http://www.wdfi.org/fi/lfs/licensee%5Flists/
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#16
08-07-2009, 04:52 AM
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If you do not show up, they will get a default judgement against you.
__________________
FRAUD: RECOGNIZE IT. REPORT IT. STOP IT. Rip-off companies - FTC. Phone harassment by Debt Collectors - FCC. Banking issues, like ACH problems - OCC.
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