Being sued for credit card debt.
Date: Tue, 03/08/2011 - 08:40
My fiance is being sued for his Capital One Credit Card by Blatt, Hasenmiller, Leibsker & Moore LLC.
He was served papers yesterday and given a court date.
We plan to go to court, however:
We had full intentions of calling the agency and hoping to get a settlement. His debt is 1,225.00 + Costs.
We can make monthly payments of whatever is really necessary. As I've combed my budget and taken out every inch of spending that does not concern needs, I can afford to send them a check for $300.00 monthly.
But, we received a call from his mother today stating only two days ago she received a regular billing statement from Capital One. (We moved around a lot, all mail as been forwarded to her home).
If they're suing us, why the heck are they still sending us standardized billing statements?
Now we're at a cross roads and thinking about consulting with a lawyer. How do we know who to send the money to? If we send it to Capital One, will we still be sued by Batt, Hasenmiller, Leibsker & Moore?
I've read truly awful things about this company and I don't know what phone call to place first.
Is our best bet to just consult with a lawyer?
We're in our early 20's, just barely starting out in life and I'll be honest, we haven't the slightest clue what we're doing.
This is debt he obtained before him and I ever met. Legally, I know it's not my problem but we're a couple and this is a concern we both must tackle together.
Any advice even remotely pointing me in one single direction would be immensely helpful.
Thank you
Hi! Welcome to the forums! I think it will be better to consult
Hi!
Welcome to the forums!
I think it will be better to consult an experienced lawyer. The lawyer can help to reach a settlement agreement out of court. The lawyer can also help you answer the summons correctly. As far as I can understand, you have to send the answer to the summons to Blatt, Hasenmiller, Leibsker & Moore LLC.
You really dont need a lawyer...they expensive and you can resea
You really dont need a lawyer...they expensive and you can research everything by asking the right questions.
Look up the rules for civil procedure for your state. As a general rule when you answer a summons,m you respond to the court and the attorney.
Keep in mind that making payments is NOT settling. Settling by definition is a lump summon payment to pay off the account. You can offer them payments but that probably will not stop the judgement...best case scenario is a contingency judgement...you make the payments, they promise thru the courts not to garnish or freeze his bank account.
We called the law firm and while they offered us a so-called set
We called the law firm and while they offered us a so-called settlement (300 dollars off, big whoop).
We didn't take it. Instead we opted for payments that are automatically withdrawn from a checking account. We opened a separate banking account for them to remove the funds from. I don't want them sticking their hands in my main bank account. : ]
The payments suck, but we'll have it paid off in 6 months.
We're waiting for the paperwork, as it was supposed to be sent out today.
We'll be making a copy to take to court with us, and I'll be sending the original paperwork back via certified mail. Only because I'm sure if I don't, they'll claim to have not received it.
And I've heard a lot of not-so-kind things about this law office. I'd just like to confirm, it's incredibly true. The woman was beyond rude, completely unwilling to work with us, and dumber than a box of rocks.
