Amendment.....what is this? I'm freaking out
Date: Fri, 02/27/2009 - 16:10
Here it goes......Southern Cali Gal here
Capital One Bank is suing me and The Attorney is Mark Walsh......I filed an answer on Jan 5/2009 before the 30days. And the court date was going to be in June, of 2009.
In the meantime I sent several faxes and letters which I kept copies of stating the only income was child support, and offered a lower amount and a montly payment plan, but I never got a response.
I later found out that "Child Support was EXCEMPT. I also informed them to contact me via mail, in the meantime I was still harassed with phone calls, that were UNKNOWN, and one where they left me a message, which I was able to keep locked on my phone.
Then yesterday I got these forms and on it was a different court date which is next month of 2009. Today I got a fat packet and it states:
The Plaintiff(Capital One Bank) is requesting an AMEND complaint it's being made because Plantiff has changed its name to "Capital One Bank (USA) N.A."
In the middle of the packet is has this:
IT HAS HEREBY ORDERED: that the Plaintiff's motion to amend the complaint is granted. ?
And that I have 15 days to file an answer to the first Amended Complaint.......
Help !!!!!!!!!!!!
I wouldnt get too worried about this--its a formality because th
I wouldnt get too worried about this--its a formality because they changed their official business name. Here's how you handle this:
go through both complaints--the original one and this new amended one. If the only change to the complaint is the business name of the plaintiff, then answer it exactly as before. If they changed anything else, let us know and we can help you answer that part.
When it comes to child support being exempt, I have never been in that position before, hopefully someone will drop in with more detailed advice on what to say about that.
The reality is they will still sue you even though your only sou
The reality is they will still sue you even though your only source of income is exempt. To them they just want a piece of paper saying you owe them. Here is the harsh truth. They do this only so they can be awarded judgment, your source of income will still remain untouched as they can not take it. However in a few years they will re-examine your case and if they find you have a job and are on your feet they will attempt at that point to get the judgment enforced plus 8% interest per year it was not paid.
How big is this debt?
Amendment.....what is this? I'm freaking out
The amount Im being sued for is $1,195.00, they are making seem like I owe billions,which may end up that since they keep charging me late fees.
I looked over both packets, the first forms that I answered to didn't have Exhibit 1 with some of my statements, not all, and all these other papers that the print is so small I dont know what it say's.
I do need to compared the wording, I've just bee too ill from all of this.
All of this just puts me in depression mode :(
Is the first document legible? Is the typeset on the second
Is the first document legible?
Is the typeset on the second document smaller than the first?
There is a minimum font size that is required in legal documents. Contact your local BAR and ask them what it is.
Then contact the lawyer and have them resend you the second document in a typeset that can be easily read.
This debt is from 2007........... It's the exhibit 1 copies, of
This debt is from 2007...........
It's the exhibit 1 copies, of a bunch of papers that are supposed to be from when I got the CC. But I don't recall having so many papers. How's a judge supposed to read this if I can't even read it?
When its time
Someone told me that presenting the copies of the faxes and letters I had submitted to the Attorny for Cap 1 to offer a lower settlement and explaining the situation wont do any good? Is this true?........One of my letters stated I wanted the correspondence through mail, but they continued to harass me through phone calls.
So are they going to be like watch dogs when I get a job, they will take all my income away?
They way the economy is right now, the courts will be flooded more than ever.......