First Time being served, don't have any idea what to do?

Ask an Expert

Posts: 4
Credits: 199.05
Send message to jmartinez06

Sub: First Time being served, don't have any idea what to do?

Wed, 07/11/2012 - 01:10

today i was served and it was very unusual and i'm wondering what i could do.
Let me start it off,
I was home having lunch with my family when someone knocked on the door saying they had a delivery for me. My mom answered and saw the guy was wearing a badge with "sheriff" on it. I asked whats up and he just threw some papers at me and asked me to sign a paper. I said, well hold on let me see the paper, and he responded by saying no, its just saying you're served, so sign it now. i'm from the courts. my mom then said, "you're badge says you're a sheriff of SECURITY, you're not with the cops.." he then said," i'm a sheriff of the courts" and when my mom and i asked for an id or a card with his info he left and said no.
???
What?
I looked at the documents he handed to me and its from Machol & Johnnes, LLC and there's a official looking (Summons) document but no case number, not signed by a clerk, nothing.
it's Sunday so i can't call the clerk until tomorrow but i'm wondering if this is just a scare tactic? I recently tried fixing up my credit and i looked at my report and disputed everything, and so far only another company by the name of midland fund has called and I've never heard from these guys claiming to represent Cap 1. I did look at my report last time and i know that account was written "charged off".
i think for my state (Colorado, Denver) the SOL is three years, but the facsimile states i last payed my account in 09. I don't really remember.
what can i do? to be honest i'm a little shaky and the whole encounter left me worried..
oh yeah, maybe this will help but i owe, $1027 to them.
I did research past posts but no one every really discussed how it went or what they did at all? i'm hoping this post will become helpful not only to me but to everyone in this situation, i will write about what i will do and how it went, hopefully it does save someone.
Thanks!

Add new comment

SOAPLADY
LYNNINMN@AOL.COM

Debt Samaritan
Posts: 16523
Credits: 287780.92628362 Send message to SOAPLADY

Sub: #1 SOL for all debts in Colorado is 6 years, not 3. Who does it Sun, 07/08/2012 - 20:02

SOL for all debts in Colorado is 6 years, not 3. Who does it

SOL for all debts in Colorado is 6 years, not 3.

Who does it say is suing you? Capitol One?? Just because a debt is written off doesnt mean you dont owe it...you still do. Charge off is simply an accounting term, meaning it is transfered from the creditors good books to bad books.
http://www.serve-now.com/resources/process-serving-laws/colorado

Colorado Process Server Licensing Requirements
Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action.

If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com...imitation.html

SOAPLADY
LYNNINMN@AOL.COM

Debt Samaritan
Posts: 16523
Credits: 287780.92628362 Send message to SOAPLADY

Sub: #2 You can also do a search of your local county court website for Sun, 07/08/2012 - 20:03

You can also do a search of your local county court website for

You can also do a search of your local county court website for information on any filings against you.

jmartinez06

Posts: 4
Credits: 199.05 Send message to jmartinez06

Sub: #3 Lets see: Plaintiff: Capitol One Bank (U.S.A) Defendant: Me Sun, 07/08/2012 - 20:06

Lets see: Plaintiff: Capitol One Bank (U.S.A) Defendant: Me

Lets see:
Plaintiff:
Capitol One Bank (U.S.A)
Defendant:
Me
Attorneys for plaintiff:
Arianne Gronowski and Jaques Machol
Machol & Johnnes, LLC
Denver,co

jmartinez06

Posts: 4
Credits: 199.05 Send message to jmartinez06

Sub: #4 Hmmm, im going to try and look at araphoe county since thats whaSun, 07/08/2012 - 20:08

Hmmm, im going to try and look at araphoe county since thats wha

Hmmm, im going to try and look at araphoe county since thats what this paper states its from

SOAPLADY
LYNNINMN@AOL.COM

Debt Samaritan
Posts: 16523
Credits: 287780.92628362 Send message to SOAPLADY

Sub: #5 Capitol One routinely sues. I would say it is totally legit. ESun, 07/08/2012 - 20:09

Capitol One routinely sues. I would say it is totally legit. E

Capitol One routinely sues. I would say it is totally legit. Either get it paid off or settled quickly or they will get a judgment against you.

jmartinez06

Posts: 4
Credits: 199.05 Send message to jmartinez06

Sub: #6 hmm, shouldn't i try and ask for a discovery?? my idea was that Sun, 07/08/2012 - 20:11

hmm, shouldn't i try and ask for a discovery?? my idea was that

hmm, shouldn't i try and ask for a discovery?? my idea was that since this is for an amount thats under 1.5k itll most likey cost them more for me to drag it out for them?

SOAPLADY
LYNNINMN@AOL.COM

Debt Samaritan
Posts: 16523
Credits: 287780.92628362 Send message to SOAPLADY

Sub: #7 Oh you can try but Capitol One can and will prove the debt. CoSun, 07/08/2012 - 20:15

Oh you can try but Capitol One can and will prove the debt. Co

Oh you can try but Capitol One can and will prove the debt.

Court and legal fees are charged to you...so it is no skin off their nose.

jmartinez06

Posts: 4
Credits: 199.05 Send message to jmartinez06

Sub: #8 yeah, you're right, no luck finding my information on the websitSun, 07/08/2012 - 20:17

yeah, you're right, no luck finding my information on the websit

yeah, you're right, no luck finding my information on the website, looks like tomorrow i'll have to call the courts and find out, in my years dealing with friends court stuff i've never seen a document without a docket number so i'm a little shady on this.

SOAPLADY
LYNNINMN@AOL.COM

Debt Samaritan
Posts: 16523
Credits: 287780.92628362 Send message to SOAPLADY

Sub: #9 From what I know of capitol one internal, all card holder agreemSun, 07/08/2012 - 20:19

From what I know of capitol one internal, all card holder agreem

From what I know of capitol one internal, all card holder agreements are scanned into there system. The attorney more than likely has a copy or can pull one easily.

Chrgrann1

Sub: #10 Cap OneTue, 07/10/2012 - 11:23

Cap One

I have read the posts... call to make arrangements to pay.. It will cost you more to fight it. In the future..save all receipts, and attempt to pay off or settle your debt. It will come back to bite you at some point. better to take care of it now. From one who has experienced cleaning up debt. good luck. ;)