Being Sued By Capital One - Haven't Been Served Yet

Try to settle debt with the collection agency outside court.

Nothing surprises me when you're dealing with this collection company. Get everything in writing, record your telephone calls with them, etc. Read everything you can on the internet as to your rights in dealing with a collection agency - ESPECIALLY THIS ONE...

Here's one...I had a Capital One Credit card about 4years ago. Credit limit was around $3k or $3500. I lost the card, moved, stopped receiving bills, didn't pay. Back in June, 2008 I started receiving letters from Arson & Associates out of Tucson informing me that I would be sued if I didn't pay...I still didn't do anything, because I had every intention of sending them payment in full this past December when I got my bonus from work. Well, I was laid off, didn't get the bonus...and had completely forgotten about it. I received a letter from the same agency in January telling me that they had obtained a judgment against me in Maricopa County justice court (I too live in Phoenix). Hell, I never knew I had been served. After calling them, they informed me that "my son" was served on my behalf...and that it wasn't their problem that he never gave me the information. My son put the envelope in his room (the deep dark hole) and I never got it. Found it underneath his bed 3 weeks ago. I told them in January I had lost my job, they told me to call them back and make arrangements when I had a job. Today in the mail I received a notice from them that need to settle with them before they take me back to court again. when I called the girl said that everyone gets this letter, she said I could mail my unemployment letter to them to prove that I was out of work, but that eventually I would receive a proof of income statement. I haven't looked at my credit report lately, but I know the judgment is on there. These people are the worst to deal with! Oh and BTW...my balance went from $3800 in December, 2008 to $4500 as of February 24th, 2009. INSANE!

Capital One are pains to deal with. I have two small cards that were turned over to a debt collecting attorney in Kentucky (where I live). They are apparently suing for any balance you owe to them through small claims court and I am still out on the fence whether or not the so called attorney has bought the debt or what is going on. I am waiting for the shoe to drop any day with my case because I have not heard from them in a couple of months now.

I Owe one card from like 2 or 3 years ago I am here in California I owe like 3500 and I just got a call from someone claiming to be a law office collecting the debt at work. I asked them not to call my work since I cannot receive personal calls and he did again this time he said that i will be served at work, and to be expecting it. I am so upset dont know what to do. My brother said to file bankruptcy and have it all stop but I am not sure if I qualify. Anyways can they do all this and if I dont respond and it goes to court what can happen. I am so confused.

Evenin' Cinder -

Have they sent you anything at all in writing as yet? They have five days from the date of first contact to send you a letter explaining who they are, and what they want. That applies to law offices, as well as collection agencies.

I think your brother's in need of some education... Bankruptcy over a $3500 tab? And on the first call, at that??? It's way too early to be thinkin' those sort of thoughts. Have you looked at your credit reports lately? There may be some enlightenment to be had there.

We, like many others, experienced financial problems and with 6 cards, we were able to retain 2. However, Capitalone has called our children and their work to get a phone number or any information because we also had our phone turned off. Within the last week, they sent 1 court paper claiming that we were served 2 times and then tacked the court stamped paper in a clear plastic ziplock so that anyone could come up to the mailbox and read the paper. Today, they did it to me but I have yet to receive any mailed notice. They would call every 20 minutes when we had the phone on. We made arrangements with them before it went to this point but they continued to calkl, stating that since we were still behind, it would continue to happen. They also neglected to tell us that this so called agreement of payments were only effective for 3 months. Well that was 2 of the 6 cards, the next 2 cards, the lawyer calls and I try to make payment arrangements and I am informed that what I struggle to penny pinch of a payment was not good enough and that he insisted we pay it in full or be considered as refusing to pay the debt. Oh, since he was the lawyer, he also said he had a right to call us at any time of the day or night but I think it is harassment when they call every 20 mins tregarding the same card and I just spoke with someone. I seriously wish I had recorded all these calls and what they said to me or my husband over the phone. Good luck because if you don't have means for a good lawyer, which might also sa you have enough money to pay your monthly bills, they will suck 2 grand off a 500 card as fast as they can, even when you requested the accoutns be closed when they were under that 500 limit. They are blood suckers!!