Sued by Capital One c/o Apothaker & Associates
Date: Mon, 07/06/2009 - 16:40
i was serviced with papers today being sued by capital one c/o Apothaker & associates. They want $1,800 plus court costs. Last payment was August of 06. The balance on the bill they gave me is $790.00. How can they sue for that much? I guess they can sue for whatever but how can they get that much? I have no idea what to do and I cannot afford an attorney. Man my stomach is so twisted. I don't know how to answer this. I live in PA. Please help, I will really appreciate it.
I am SO sorry for my typos. I am just very distracted with this
I am SO sorry for my typos. I am just very distracted with this and just trying to get the information out quick.
The papers say there is A true and correct copy of the total due
The papers say there is A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". Well let me tell you, this Exhibit A shows $785.23 BUT they say the unpaid balance is $1,880.96. How is that true???
Call the bar association for your state and get a referral for a
Call the bar association for your state and get a referral for a Legal Aid clinic which handles cases for people who are poor. Do this ASAP.
In case you cannot get aid (some legal aids don't seem to be ver
In case you cannot get aid (some legal aids don't seem to be very helpful in all cases) do not simply ignore it. They may be trying to get you for the 'attorney fees' and that is what all the extra is. You can challenge it all in court. Look at your states rules of civil procedure and read about Discovery. Basically this is a part of the trial where you demand to see proof of the debt. You will make them prove why you owe $785.23 and explain how they came up with a total balance of $1880.96.
Unfortunately Cap one is very good about their paperwork from what I hear so they may be able to legitimately prove up everything they are suing you for. But at least you won't get a default judgment...default judgments can lead to wage garnishments (if your state allows) at a rate you have no say over.
When you go to court also take with you all of your financial information and your current situation. The judge will go over it all and can order a payment arrangement that won't break you. Many times a judge will give a payment arrangement that a company would never have agreed to during negotiations, but if the judge orders it, then they have to abide by it. The judge will not order payments you have no way of making as long as you present your information to him honestly.
