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getting sued by capital one, don't know what to do!

Date: Thu, 02/02/2012 - 06:50

Submitted by shelleyils
on Thu, 02/02/2012 - 06:50

Posts: 3 Credits: [Donate]

Total Replies: 6


I'm new here, so I will make this as brief as possible. A few years ago my husband was working and I got a cc in my name only. I did make a couple of payments but my husband lost his job so I just stopped paying. Fast forward a year later he got another job but with much less wages. We were able to get our home loan modified. I think my credit limit was 500 on the card. I really never thought of it because we were thinking about bankruptcy later this year. Well, last week I got a lot of letters in the mail from attorneys saying I was being sued! I have no idea the amount they are suing me for. I have not received a summons yet. I live in tx. In the lawyer's ads, it says they can freeze a joint bank acct. If you do get a judgement against you, how long does it take? The reason I ask is because when we were going through our loan mod, our escrow was short and that would have made our house payments more and I borrowed money from a friend and I am paying it back with our income tax refund. I just did our taxes and was wondering if the cc company will seize that? What would be my best option to do? Also, where can you look up into about your case? I have a case #, but when I've looked at the tarrant county website, I can't find any info.


you mentioned turrent county.i take it you reside there right?also you mentioned nothing when you bight up the case# in turrent county right?well then i would do as soaplady advised only to get the attorney's info and see where they filed suit so you can respond that you reside in turrent county and want the suit moved to turrent county.i state this because they must sue you in turrent county if that is where you reside.my points are that only the IRS,student loans,and owed child support can take tax refunds.now i thought in texas they can put a lein on property,but can't garnish,or seize bank accounts.that is what struck me about the lawyers sending you letters.anyway as soapladt stated call cap one and find out who the attorney is as it sounds like improper venue to me.


lrhall41

Submitted by paulmergel on Thu, 02/02/2012 - 07:37

( Posts: 15514 | Credits: )


I just posted about capital one suing me. An hour ago someone knocked on my door looking for me. I didn't answer. It was some guy from a messenger service so I'm sure he was there to serve me. What happens if I don't answer the supeona? Will they mail it or just leave it on my doorstep? What happens if I don't show up for the court date? If I do get a judgement against me, what can they legally take? Will filling bankruptcy stop the judgement? Sorry for so many questions!


lrhall41

Submitted by shelleyils on Thu, 02/02/2012 - 09:25

( Posts: 3 | Credits: )


Hiya--

First, if you avoid service, you will not stop the lawsuit. Rules of civil procedure are different in every state. But it is common for the court to allow service by mail or even service by publication. If they cannot serve you personally, they often can leave it on your doorstep or taped to your door. Also, service by publication is when the court allows the plaintiff to publish notice of the lawsuit in a local newspaper for a specified number of weeks. Either way, the court case will proceed. If you do not show up for the hearing, the plaintiff will get a default judgment against you, which is not good. Their options after judgment differ from state to state--some states do not allow wage garnishment for consumer debts. But your bank accounts could be levied too.


lrhall41

Submitted by skydivr7673 on Thu, 02/02/2012 - 09:53

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Depending on your state law, it is possible you will be served by mail or publication in a local newspaper.

If you dont answer the summons and show up in court they will get a judgment against you. They will be able to lein your property, garnish wages if your state law allows it and levy your bank account.

Do you owe enough to justify bankrutpcy? Bankruptcy with legal fees cost on average about $2k


lrhall41

Submitted by SOAPLADY on Thu, 02/02/2012 - 09:55

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I don't work and they only money I get each month is ssi for my disabled son. Since our checking account in a joint one, can they freeze it? From what I've read, they can't garnish wages here in tx for credit card debt. When my husband was not working, we had a few medical issues and did not have insurance and have medical bills plus a few other cc. There is a legal aid place that will do bankruptcy for 350, so I wasn't sure if that would be best.


lrhall41

Submitted by shelleyils on Thu, 02/02/2012 - 10:14

( Posts: 3 | Credits: )