Can you help me? I am being sued by Capital One for cc debt.

Who is this alleged attorney? Have you been served by the sheriff? If you are in Massachusetts and this attorney is not licensed to practice law in Massachusetts then the summons is probably a fake.

Who are all the parties involved?



They CANNOT touch a DIME of your SSI no matter where it is. It is exempt income. If they ask you to pay, tell them NO. Also tell them your bank accounts have income from SSI and is exempt also. If they tell you you have to pay, tell them NO NO NO!!!!!

If the judge tells you to pay, tell them your income is from Social Security and tell them NO too.

Just because a lawyer is not licensed in a state, doesn't make a summons fake. But I'd also cover all basis and see if it's been filed in NJ. They need to contact their clerk of courts to see if it's real. If the summons is real, you do need to answer it I believe. Deny the amount owed, and tell them that your income is exempt since your only income is from disability. Never just ignore a summons.

But I agree. SSDI is exempt from garnishment unless it's fed taxes owed I believe and child support in some states.

were you served with the summons by a sheriff officer or a process officier? you can call either office to confirm if it is real. But either way you are exempt from garnishment. be careful thoguh I have seen cases where they took the money out through a bank levy and cleared out someone's account. this person was on disability and it was eventually reversed but he had a hard month without his money :(

Are they suing you in MA or NJ?

good question, soap lady :) also who is the law firm? i am very familar with NJ summons.. and i know for a fact that it possible for them to use out of state attorneys, but i do not know how licensing comes into effect.

I am being sued by Capital One through a Kentucky attorney office located in Louisville. Apparently Capital One is hiring attorneys in the state you live in so they can sue and get money. My two cards started out as $500.00 debt each and they are now doubled. I have asked for debt validation on each one and have not heard back from them except for one. We are trying to get annuity money in order to pay these clowns off but have had no luck getting it. I have not heard from the attorney since the first of January, but I am sure the shoe will drop any day now and I will be summoned to court. They did file through my county court and I had to answer the summons. Captial One is suing for any amount. I checked my credit report and they were not charged off so they are probably legit. A consumer attorney from Bud Hibbs site advised to settle or pay them off to get rid of them.

i am on permenat disibitiy .have fixed income . can credit company sue me? i was serve papers (hand delivered)

Yes, they can sue. Collecting is a whole other matter. If your income is exempt, i.e. Social Security, then they should not be able to take it but it takes actoin on your part when the garnishment comes in to claim the exemption.

i am permently on disably, have fixed income. was served papers hand delivered.i have 21 days to reply. what should i do?

on permentant disibly live on fixed income. little man hand delivered the papers to me have so many days to answer.can anyone sue me legally?

how long does it take to get answer back?

The court process for civil courts:
"http://www.nedap.org/hotline/court.html"

For specifics, look up your local county court in Google, and check their website for procedures and any forms you may need.

Don't ignore it. Go to court and fight it.

Capital One is no joke, I was going to be sued by them a few years ago but I was preparing to file bankruptcy so that took care of it. I got my summons through the mail though which I though was wierd, but it was legit and they used an attorney in my state as well. They even mailed me a copy of all my statements and boy where they ticked when they found out I filed BK. They always use attorneys to collect their debts and they most likely end up suing you. I see that a lot with capital one.

i too am being sudby capital one is it ok to just not go to the pre trials?

If you do not show up, they will get a default judgement against you.

I recieved a summons yesterday (on Sunday) I was not home but is was left for me. There is no court date listed on the summons and when I check the county court online, there was no record of my case #. What soes this mean? I barely make ends meat now I need to fix this the cheapest way possible.

I am being sued by Arrow Financial via Orchard Bank. I have already been served papers by a sherriff. I want to know if I can call the lawyers office and try to settle the debt for a lesser amount. I just want this to be over.

Thanks for any assistance you can provide.