Sued by Capital One

They will get a judgement against you...pretty simple. You are not paying as agreed. Capital one is very agressive in the legal area.

"They will get a judgement against you...pretty simple. You are not paying as agreed. Capital one"

Dont let this get you down though as for someone in your situation (depending on your state laws) its almost a non issue.

Meaning if you are in the shape you say you are in that you are probably "judgment proof" which should really be called "collection proof" as even with a judgment in hand theres not much they can do to you. For now.

If you manage to improve your situation within the life of their judgment (state specific) then they might be a danger to you. But for now, Id go to court but relax. The judge cant "make" you pay anything in your situation.

there is no such thing as judgment proof. A judgment lasts at least 10 years...they will sit and wait. And it is something to be very concerned with. The OP may not have a job now, but what about in 2 years? 5 years? They mentioned they were a student so they maybe young and might not have entered the job market yet.

Okay, I got my papers today, and it says that my court date is in November, but it doesn't tell me when I need to file an answer. Also, on the first page, it says I owe $4656, but on the third page, it says I owe $5600. What gives?
I am not denying that this is my debt, and I would have no problem paying it, but I have NOTHING right now. I am looking for a job, have interviewed for one, etc. If I get a job, I want to pay this debt. I believe it is the right thing to do. If I get into a better situation before the court date, can I try to negotiate a settlement with them and start paying? Will that stop them from getting a judgment? I just don't want my first employer to have to deal with wage garnishment and such.
Also, can I ask for DV now? Can I send a settlement offer to them? What should I do to prevent judgment? Please don't just tell me I'm screwed. I need advice.

The higher amount probably includes the court and legal fees.

Responses to a summons usually has to be submitted within 20-30 days. Check with your court clerk.

How can you send them a settlement offer if you dont have anything to settle with. Without cash in hand and a properly validated account, there is no other advise we can give you. There is no magic wand to wave. You have time to get a job...or even two. Get the funds together and try to settle out of court before the court date.

Thank you! I've been trying to find out if I could do that (settle out of court before the date). The thing is, I can come up with some way of getting this money before November. What should my first step be? Should I send a DV letter? File an answer? How do I get them to waive all those court fees? Do I have to pay the court fees even if I pay before the court date? I'm sorry I am asking so many questions. I have been searching all over the internet trying to find answers, but every site I go to makes it sound so simple, and then they give no detail.
Thank you for your help!

Answer the summons would be the first step. the legal fees are rolled into the debt.
You can DV but it wont stop the court case....Capital one hires attorneys directly and can validate the debt.

Okay, I will answer the summons first. If I DV, will they still be able to claim that I owe that extra $1000 for court fees?

You do have a viable strategy: arbitration. It is now a powerful weapon for consumers after the demise of NAF. Read up on it at creditinfocenter and debtorboards.

Quote:

Hey I had read from another poster that if you defaulted on the card prior to January 2010, your cardholder agreement still has the arbitration clause in it. I would search for those posts and may want to consider electing arbitration.

According to these posters, arbitration costs Cap One around $5000 so unless you owe tons more they just go away or make reasonable arrangements with you.

Hey there, keep your chin up, you have some work to do but don't be discouraged. I'd suggest you take a look at ccarbitrationDOTcom and head over to creditinfocenterdotcom forums, click on Is there a lawyer in the house and then go to the arbitration link. Spend a few hours reading through old posts and the folks can help you figure out the necessary steps to mount an arbitration strategy. Basically, if you read the cap1 cardmember agreement it states that either you or they can elect arbitration to resolve the dispute thereby waiving them out of court. You should seek to have the dispute resovled via JAMS, that is an arbitration forum option in the Cap1 contracts, or at least for you since your default was along time ago. So, do some reading, then once you've figured things out you'll need to get the case kicked outta court and pushed to arbitration. Cap1 contract basically says they'll foot the bill for arbitration, win or lose and each side pays their own atty's fees. Once you have navigated the JAMS rules, you fill out the Jams application, mail it in, and shortly thereafter the business, Cap1 gets a Bill for something like $800, your fee is limited in the contract to maybe 250 but you can seek a hardship waiver and ask Cap1 to pay it. Shortly thereafter, Cap1 will get another Bill for $2000...Remember they can't get that back, so in short order their up to almost 3K with more bills to come from JAMS...This beats a judgment in court anyday, avoids the additional attorney fees, and forces them to either settle for a reasonable amount, or arbitrate and pay the high costs...JAMS total bills can hit 5-10K very quickly...Lastly if you have any claims against them those can be brought as well in Arb...Some people achieve a walk away with both sides agreeing to a mutual dismissal...Sounds like a lot of info but read read read until you get it...I've used this against Cap1 and they voluntarily dismissed the suit...Good Luck

capital One has seized funds from my bank account, but I never received a court date. I received a judgement about a year ago...and today is when they took action. I contacted them but they say they cant do anything for me. What are my other options to have them release my account from taking my funds?
Thanks

After reading through the answers posted by the moderator on here, I think it's VERY clear that this site is operated by people on the creditor/collector side of the equation. I hope that anyone who's reading these answers will visit Bud Hibbs' website instead in order to get advice. These people here are nothing but shills for the creditors and collectors.