Sued by Javitch, Block, & Rathbone for Capital One

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Sub: #1 Sued by Javitch, Block, & Rathbone for Capital One
Replied on 10-09-2007, 03:56 PM
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Hi. I just got served a summons from Javitch, Block & Rathbone for Capital One. Anyone heard of them. What are my chances of working out a payment arrangement?


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Sub: #2
Replied on 10-09-2007, 06:03 PM
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My husband was also sued by them. They do not mess around. Make sure that you answer the summons so they don't get a default judgement against you. When you go to court, ask to make payment arrangements. They are pretty easy to make arrangements with. We were paying them $50 on a $2000 balance and they never gave us a hard time about it.

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Sub: #3
Replied on 10-09-2007, 06:15 PM
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Fill out the summons & make sure you submit it in time. I don't know if you could contact the lawyers directly & work out something before court?

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Sub: #4
Replied on 10-09-2007, 06:23 PM
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I'm glad to hear that arrangements can be made. I'm just waiting and holding my breath each and everyday for a summons. I have so much out there that I still have to take care of. Luckily, if I can hang in there until the end of the year, I will be in a position to start making settlement offers. If you don't mind me asking, how far delinquent were you before getting a summons?

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Sub: #5
Replied on 10-10-2007, 03:35 AM
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Eleroo, if I may ask, how behind are you on payments? I'm just hitting the 90 day mark & worried!

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Sub: #6
Replied on 10-10-2007, 03:37 AM
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lawn, I believe that after a summons is issued, you need to go thru the courts. The summons was already served, they can not call the lawyers at this point . It is now up to the court

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Sub: #7
Replied on 10-10-2007, 03:51 AM
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You can call the atty's at any time! Doesn't mean they'll settle but u can try. I settled with them on a Friday and the court date for garnishment was on the Monday....
Ang

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Sub: #8
Replied on 10-10-2007, 03:56 AM
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Just curious, I see posts like this all the time. Did any of you guys use a debt settlement program before getting summoned? If Capital One, or any other creditor for that matter, agrees to a payment arrangement in court, in would only make sense that they would have already agreed to one prior to court?
Eleroo, you are hoping for a summons? Does that mean to say you want to go to court so you can get this over with? Or are you not in a position yet to go into a debt settlement program, but you will be able to make payments later? Sorry, not meaning to get personal, just confused about this.
By the way, I wish all of you the best of luck with this.

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Sub: #9
Replied on 10-10-2007, 03:59 AM
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Sub who knows why CA's do the things they do?!?! SURELY NOT me!
When i was first turned over to an atty's office i immediately called them and wanted to settle this with them, they refused. I tried 4 or 5 times after being refused every time. Then 2 days before last court date of garnishment they accepted settlement on the same offer i made them the very first time i talked to them!
So who knows!!
Ang

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Sub: #10
Replied on 10-10-2007, 04:01 AM
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Sub, there have been numerous cases where a creditor would not agree to a pay plan. That is why the summons was issued. In court the however they finally agreed to the pay plan, because the judge ruled it was the only way some one could pay the debt. It makes no sense really. It would be a whole lot easier if they just agreed to the plan in the first place.

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Sub: #11
Replied on 10-10-2007, 04:03 AM
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There was NO judge involved with me, they just agreed!
I'll never get it... Seems they could've made more $$ had they settled first time i offered before any court dates or filing fees...

Ang

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Sub: #12
Replied on 10-10-2007, 07:25 AM
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Like I said, these lawyers were really easy for us to work with. Just keep your word if you do make payment arrangements because they do not mess around and will try to garnish your wages if you do not pay them. We weren't smart and didn't answer the summons so they got a default judgement but if you answer it that will make things easier on you.

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Sub: #13
Replied on 11-02-2007, 12:56 PM
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They are being absolutely awful with me. I answered teh summons and responded to everything that was filed with the court. I appeared in court and the judge did award the summary judgment, but said I could offer a settlement proposal. The Javitch attorney and I discussed my proposal and she said she felt certain the creditor would accept. I told her I wanted to pay off the debt in two payments with the first of the two being made immediately. She took my phone number and said she would take this proposal back and someone would be in contact with me in the next couple of days.

It has been over 2 weeks now and they are refusing to speak to me. Someone from their main office called to verify my employment this past Monday and asked for the payroll address in case there were "payroll issues" in the future. WTH? I am offering to pay and they are just ignoring me.

Obviously, I do not want them to garnish my wages, but why would they rather use that means than get the money now?

I consulted an attorney and he simply stated that they are going to garnish me for 25% after taxes and do not have to accept payments. Said he might be able to help me and could see if they would accept payments and wanted to know what my settlement proposal was. Said he would require $300 and all supporting documents to review.

Why does this have to be so complicated???? The whole point was to get me to pay the debt. I am offering to do it and it's getting me nowhere. I was told to get written confirmation of the payment arrangement to pay off the debt before I submit any money, which is why I haven't sent anything yet.

Anyone else experience anything like this?

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Sub: #14 F*** javithch block rathbone law firm
Replied on 04-10-2008, 10:05 PM
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these people do no care about others finacial problems they just adding to it... im in $3000 dept and they are not accepting no type of payments plan.
i call them time to time and they do nothing but argue with me.. make me feel worthless... they offer no help on the issue,,, i can not get a loan to pay them... and im finding it really hard to gather the whole lump sum so i need some type of payment plan!


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Sub: #15
Replied on 04-11-2008, 05:12 AM
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You can send them whatever you can afford to pay, they have to accept it. Just make sure you send your payments by money order, USPS certified mail, return receipt request. Does anything look funny about the debt though? Such as the amount? If so I would suggest sending them a debt validation letter (you can find a template via my signature) which should also be sent certified mail, return receipt requested.

Keep us posted, if you need any additional help or have any more questions please feel free to ask.


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Sub: #16 summons from javitch, block & rathbone for capital one
Replied on 03-20-2009, 11:38 AM
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I just recieved a summons today from this attorneys office on behalf of capital one. My balance is only $596 and some change...i'm worried that if i have to go to court or if i ignore the summons and don't go to court, that i'm gonna end up owing thousands? is that true or do i only owe the amount listed in the summons? i don't even know what it means to answer the summons, as far as what i am supposed to say. Do i need to speak with a lawyer? If i answer and have the $596 on to the lawyers before a court date will i still need to go? I live in ohio, if my wages are garnished do you know how much it will be for? Advice please....





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