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capital one debt HELP

Date: Fri, 03/26/2010 - 21:48

Submitted by anonymous
on Fri, 03/26/2010 - 21:48

Posts: 202330 Credits: [Donate]

Total Replies: 3


a summons from capital one was sent to my parents address in massachusetts for a past due balance on a credit card and they were sueing for $1,330.00 but i know i only owed $500.00 last time i payed a payment. i dont not currently live at my parents address to which is where the summons was sent. the summons was dated for feb 11 2010 but didnt dont arrive at my parents house until march 22 2010 (not certified mail) and the court date was scheduled for march 19th so obviously i was unable to make it to the small claims court and then the judgement was mailed out march 22 and was recieved at my parents house on march 24. so now that they have made a judgement without me even being able to try and settle for a reasonable amount of money. how do i go about appealing the judgement? or can i just contact the attorney of the collection agency and see if they will still settle with me and have the "judgement" taken off my credit report? any help id gratly appriciate!


The argument of improper serving can only arise when the summons was deliberately served at a wrong address and to a wrong person. Have you updated your creditors about your changed address?

Nonetheless, you must contact the court and find out your options to get the judgement vacated.


lrhall41

Submitted by SC on Fri, 03/26/2010 - 22:07

( Posts: 3937 | Credits: )


PM me with the name of the debt collector and attorney, I am from MA and know how to deal with most of them.

As for what to do, you will need to come back to MA, go to the courthouse where the suit was heard and file a motion to vacate the judgment as you do not reside there anymore.

The sad part is a lot of these summons are arriving way too late to consumers and results in improper service. As for small claims, the laws have changed and unless they filed it as required, which they didn't because they have to verify your address and they didn't, also they have to include a number of other things now, which they probably didn't.

The laws changed in October 2009, so if you want anything on that, PM me along with the other stuff I asked for. Also, tell me the date of last payment in the PM.


lrhall41

Submitted by pokertramp on Sun, 03/28/2010 - 06:49

( Posts: 512 | Credits: )