First Time being served, don't have any idea what to do?
Date: Sun, 07/08/2012 - 19:53
Let me start it off,
I was home having lunch with my family when someone knocked on the door saying they had a delivery for me. My mom answered and saw the guy was wearing a badge with "sheriff" on it. I asked whats up and he just threw some papers at me and asked me to sign a paper. I said, well hold on let me see the paper, and he responded by saying no, its just saying you're served, so sign it now. i'm from the courts. my mom then said, "you're badge says you're a sheriff of SECURITY, you're not with the cops.." he then said," i'm a sheriff of the courts" and when my mom and i asked for an id or a card with his info he left and said no.
???
What?
I looked at the documents he handed to me and its from Machol & Johnnes, LLC and there's a official looking (Summons) document but no case number, not signed by a clerk, nothing.
it's Sunday so i can't call the clerk until tomorrow but i'm wondering if this is just a scare tactic? I recently tried fixing up my credit and i looked at my report and disputed everything, and so far only another company by the name of midland fund has called and I've never heard from these guys claiming to represent Cap 1. I did look at my report last time and i know that account was written "charged off".
i think for my state (Colorado, Denver) the SOL is three years, but the facsimile states i last payed my account in 09. I don't really remember.
what can i do? to be honest i'm a little shaky and the whole encounter left me worried..
oh yeah, maybe this will help but i owe, $1027 to them.
I did research past posts but no one every really discussed how it went or what they did at all? i'm hoping this post will become helpful not only to me but to everyone in this situation, i will write about what i will do and how it went, hopefully it does save someone.
Thanks!
SOL for all debts in Colorado is 6 years, not 3. Who does it
SOL for all debts in Colorado is 6 years, not 3.
Who does it say is suing you? Capitol One?? Just because a debt is written off doesnt mean you dont owe it...you still do. Charge off is simply an accounting term, meaning it is transfered from the creditors good books to bad books.
http://www.serve-now.com/resources/process-serving-laws/colorado
Colorado Process Server Licensing Requirements
Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen years, not a party to the action.
If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served.
You can also do a search of your local county court website for
You can also do a search of your local county court website for information on any filings against you.
Lets see: Plaintiff: Capitol One Bank (U.S.A) Defendant: Me
Lets see:
Plaintiff:
Capitol One Bank (U.S.A)
Defendant:
Me
Attorneys for plaintiff:
Arianne Gronowski and Jaques Machol
Machol & Johnnes, LLC
Denver,co
Hmmm, im going to try and look at araphoe county since thats wha
Hmmm, im going to try and look at araphoe county since thats what this paper states its from
Capitol One routinely sues. I would say it is totally legit. E
Capitol One routinely sues. I would say it is totally legit. Either get it paid off or settled quickly or they will get a judgment against you.
hmm, shouldn't i try and ask for a discovery?? my idea was that
hmm, shouldn't i try and ask for a discovery?? my idea was that since this is for an amount thats under 1.5k itll most likey cost them more for me to drag it out for them?
Oh you can try but Capitol One can and will prove the debt. Co
Oh you can try but Capitol One can and will prove the debt.
Court and legal fees are charged to you...so it is no skin off their nose.
yeah, you're right, no luck finding my information on the websit
yeah, you're right, no luck finding my information on the website, looks like tomorrow i'll have to call the courts and find out, in my years dealing with friends court stuff i've never seen a document without a docket number so i'm a little shady on this.
From what I know of capitol one internal, all card holder agreem
From what I know of capitol one internal, all card holder agreements are scanned into there system. The attorney more than likely has a copy or can pull one easily.
Cap One
I have read the posts... call to make arrangements to pay.. It will cost you more to fight it. In the future..save all receipts, and attempt to pay off or settle your debt. It will come back to bite you at some point. better to take care of it now. From one who has experienced cleaning up debt. good luck. ;)
First Time Being Served
It sounds like you are the victim of a scam as
no summons is ever served without a case number.
Also there is no such thing as the sheriff of the courts.
Many times the collection agencies use process servers to serve the summons.
It sounds like this person wanted to scare your mom into thinking he was a sheriff so she would take the summons.
This is illegal as he is impersonating a peace officer which is a federal offense.
Call your local state bar and find out if the attorney who is suing you is licenced to practice law in your state.
Also I am guessing that the summons has a number to call so you can settle the debt and avoid court costs this is just a ploy to get you to pay.
If you wish to learn how to turn the tables and beat the collection agencies at their own game, check out my
new book Confessions Of An Ex Bill Collector on amazon.com
Hope This Helps
Best Regards
Bill Davis