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need advise being sued by a CA over my $700 Debt.

Date: Tue, 11/14/2006 - 20:38

Submitted by allogagan
on Tue, 11/14/2006 - 20:38

Posts: 30 Credits: [Donate]

Total Replies: 12


I owe $700 on my Captial One card which went to Collection start in Jan. 2006. I haven't had contact with Capital one themselves since Oct. 2005. Once it went to collection I made a payment in March, May, and June of 2006 ($50, $50, and $75 respectively) Then they sent it to the current CA / Lawer which is now sueing me for the amount of $700 ($570 + 6% Annaul Interest, no Court costs) I have no copies of the 3 checks stated above (thanx to Check 21 law) I was looking back at my older paper work and noticed my Account with Capital One was opened in May of 2000, and the card expired in 2002 (May also) but I haven't had since the 2000 - 2002 time period but was still paying the Yearly $39 fee for the account up to at least May of 2005. I was planning on calling the number on the summons tomorrow to try to work out a payment plan of $50 - $75 a month and see if that would stop the court procidings (My court date is for first week of Jan. 07), Any other advice I should know or can be given?


Allogagan,
If you read the boards closely you will see a pattern of payments, etc. mysteriously disappearing or not being reported and debtors having to pay debts 2 and 3 times.
I think going to court is to your advantage. First, there is a public record that cannot be misinterpreted and by default you cannot be harassed or taken advantage of.
Second, you cannot get blood from a rock. Meaning that even in court you will not pay more than you can afford.
Third, you will be treated fairly and with respect and dignity, again, read the boards. Plus after the court appearance your debt may be reduced and the juice stops running so your payment actually is toward the whole amount of the principle and you aren't compounding interest.
Also, on the summons or brief, look for the words, "This is an attempt to collect a debt and any information used......blah blah blah". These words are a disclaimer meaning the summons is not real and it is a method of intimidation or scare tactic. Don't even bother calling them. If they call you just tell them you will see them in court and not to call back.
Last, make sure you appear in court.
I honestly doubt they are legitimately suing you over a measely $700.00, it would be a waste of resources.
Now, if you show up to court and they mysteriously do not appear, make SURE you show your summons to a judge.


lrhall41

Submitted by on Tue, 11/14/2006 - 23:59

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I forgot to mention the best part. Your debt amount of $700.00 should qualify for small claims court no matter what state you reside in. Here in Minnesota small claims is all amounts under $7500.00. In most credit agreements they can come after you for "Court costs and reasonable attorney fees." The court costs are between $25 and $50 for small claims. An attorney is not required or recommended in small claims court as each case is based on it's own merit with a judge interpreting the law. Would it not then stand to reason that if an attorney is not required that reasonable attorney fees are zero? From Wikipedia: "The rules of civil procedure and sometimes evidence are typically altered and simplified in order to make the procedures economical: one guiding principle usually operating in these courts is that individuals ought to be able to conduct their own cases and represent themselves without recourse to a lawyer". There you go, let them argue that.
So a court appearance may cost you an extra $50, whooopdie doo. When weighed against the gains, it is more than worth it.


lrhall41

Submitted by on Wed, 11/15/2006 - 01:09

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I see the disclaimer but there is a real case number which I looked up using our District Court case lookup system. Any further advise? Should I call and arrange a payment if they would drop the case or what? How would I prove I haven't got a new card since the first expired in 2002? The only thing I have is the listing from Amazon.com showing that card and an expiration date of 2002 (May) for it.


lrhall41

Submitted by allogagan on Wed, 11/15/2006 - 07:29

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Just wait and go to court. Show the judge that you were paying the debt up until they decided to sue you. Do NOT send them a dime until a judge tells you to...........and make dang sure you get a receipt. Re-read what I wrote, it will be to your advantage.


lrhall41

Submitted by on Thu, 11/16/2006 - 10:52

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That is what I would do. They want to settle in court so I would settle it there. Also, do not trust information found on the internet. Call the clerk of courts and see if your summons or brief is genuine. Do not verify any information, do not make any payments, and do not talk to them until you are both in front of a judge. You can explain your hardship to the judge as to why you couldn't make some payments and they will listen, they understand that things happen. If he asks you why you didn't try and settle out of court you can just tell him you wanted to be treated with respect and dignity and collection agencies do not offer that service. I still firmly believe that summons is fake with the disclaimer or they intend to back out so make sure you call the courthouse and do some digging.


lrhall41

Submitted by on Thu, 11/16/2006 - 16:48

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Jimbeem, I think you have a pretty unrealistic view of the courts. The only question a judge has to answer is whether (1) the DC owns the debt, and (2) whether the debtor owes the debt. If so, the DC will get a judgment against you.

If you have a court case, DO NOT ignore it. Go to court. Hire an attorney (many will charge only a fraction of the debt, or will take the case in exchange for a greater portion of your recovery in any subsequent fdcpa lawsuit) to help you. These debt collection lawsuits are fairly easy for the debtor to win in many cases.

Do not trust the law firm to settle with you out of court. You have nothing to lose by going to court and making them prove their case. In many cases, they can't. They count on debtors not showing up. That's why they sue for small amounts--it hardly costs them a thing to sue in bulk they way they do.

In short: go to court.


lrhall41

Submitted by Sam Glover on Fri, 11/17/2006 - 12:30

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I am simply stating my opinions and what I would do if I were in his shoes. It is possible the summons is real but the disclaimer, to me, is fishy. You can be sued for any amount of money. Small claims court is the place for amounts under $3000.00 normally. I would go to court just to get a legal record, stop the interest, and make sure my payments go toward the principle of what is owed. The judge can also decide to throw out interest and penalties so it is more than just what is owed and to whom. In the end we agree on going to court.


lrhall41

Submitted by on Sat, 11/18/2006 - 01:34

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Just an update for anyone that wanted to know. Since Dec I have been paying $50 a month. They send me a notice each time they got my check for payment. I just wish they would tell me in the letters how much interest they were charging me. My grandmother has been keeping track of each month's payment I sent them and how much I would have owned if it was for the interest and I have down to little more then $200 out of $700. The interest difference is nearly $80 so far.


lrhall41

Submitted by allogagan on Thu, 10/04/2007 - 08:52

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[quote]Jimbeem, I think you have a pretty unrealistic view of the courts. The only question a judge has to answer is whether (1) the DC owns the debt, and (2) whether the debtor owes the debt. If so, the DC will get a judgment against you.[/quote}

That is true if the owner of the debt validated properly upon request. In addition, and speaking for those residents in TN, upon being served you can file a sworn denial, then file for discovery. If the owner of the debt can't provide you with documents that you do in fact owe the debt, then you'll win your case.


lrhall41

Submitted by on Thu, 10/11/2007 - 15:41

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