Capital One sued me?
Date: Sat, 05/07/2011 - 07:15
Recently, I got a summons in the mail stating Capital One was suing me for $1,150. It said "You are being sued in Small Claims Court". Problem is, it had been sent to my old address and I received this AFTER the scheduled court date. Naturally, a few days later I got a Judgement in the mail saying I owed the full amount, plus court costs.
Aren't I supposed to be served by a Constable? Isn't this supposed to come in certified mail or something? Have a raised seal? They can just send a summons to my old address saying I'm suddenly being sued? I haven't heard from Capital One or any collection agencies for months, I haven't lived at that address in over a year!
I did get a letter from a law firm, dated November 15, 2010. To be honest I don't even remember getting this letter, apparently I filed it away with the rest of my bills-that I had planned on paying with my taxes.
What is my next step?
Does this link have any truth to it?
http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/
Aren't I supposed to be served by a Constable? Isn't this supposed to come in certified mail or something? Have a raised seal? They can just send a summons to my old address saying I'm suddenly being sued? I haven't heard from Capital One or any collection agencies for months, I haven't lived at that address in over a year!
I did get a letter from a law firm, dated November 15, 2010. To be honest I don't even remember getting this letter, apparently I filed it away with the rest of my bills-that I had planned on paying with my taxes.
What is my next step?
Does this link have any truth to it?
http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/
They may tried to serve you personally but were unable to. Most
They may tried to serve you personally but were unable to. Most states do allow service by mail.
You can petition the court to have the judgement set aside for lack of service...however the attorney will probably turn around and sue you using your correct address.
As for the link, it is possible. However Cap one is very agressive and is known for suing without selling the account. If your account is a newer default, it is likely that capital still owns it.
