Capital One letter of court date?

[Momof123]

We stopped paying all our bills about July of last year. We tried a DMP program but the payments were too high and decided that we will probably have to file a Ch13 ( we filed a CH7 and it was discharged in 8/2005). Anyway I really don;t have the money right now or all my paperwork in order so it will be awhile until we can file. We get 50+ calls a day and letters from original creditors and some debt collectors. Today I got a letter ( regular mail) from Capital one stating that they have a court date set for 5/26/10 ( in richmond va nowhere near us) and if I don't pay by 5/21/10 they will proceed with the lawsuit.

Now obviously I can't pay and I can't file that quick so if and when they get the judgment will they try to garnish wages attach bank account and how fast could this happen?? I know I can include judgments in bk correct??

Just not sure what to do?

Thanks

[StartingOver08]

Have you interviewed any attorney's for the BK?

Did you know that many will roll up a large part of their fee into the plan when you file a 13?

Read the stickies here, especially in the Ch 13 section. Don't panic regarding the Cap 1 letter. Was it just a letter? Did you get served a summons yet? How could they have a court date if you have not been served?

[Momof123]

No I was not served a summons yet?? So I guess that will be next? Yes I have been reading the stickes but so far most of the bk lawyers around here it doesn't look like they will let us include the fees? I mean if they get a judgment which they probably will than I can include in BK. I just don't want a garnishment..................

[shark66]

That sounds extremely fishy to me...although I'm not from the area...

For anyone to have "a court date set" with you (or anyone else for that fact) as a defendant, they would've had to serve you by now, and I'm talking legally serve you - whether it's sheriff or whoever does it in your neck of the woods.

To me, that sounds like BS altogether. And I have been sued in the past.

YMMV.

Good luck.

[frogger]

Today I got a letter ( regular mail) from Capital one stating that they have a court date set for 5/26/10 ( in richmond va nowhere near us) and if I don't pay by 5/21/10 they will proceed with the lawsuit.

Thanks

They don't have a court date set. They have a date that they are going to look at it again to see if they want to sue you.

If so, it will be in your county/parrish, not somewhere that is nowhere near you.

Yet another collection tactic. .....

[catleg]

Virginia has more liberal venue rules than most states. They can probably sue you there if you're a VA resident.

When I was being dogged by creditors I told Cap One that I planned to file for BK and amazingly they updated my accounts in their system to reflect a pending BK and they left me alone after that. Didn't get that treatment from any other creditor.

[Momof123]

Thank you all, Yes I couldn't figure how I had a "court date" when I haven't been served yet?? Not sure why they decided to sue. We have NOTHING and are living on peanuts not sure why they think they can get something from us?

Yes I thought it was more of a collecton tactic, but then again I could be served tommorrow

[dscurlock]

I rec'd a similar letter not to long back..if you do not pay within 20 days, or by this date, we will take you to court...its been past 20 days now I am sure; what I am not sure of is why after 3-4 years they are making judgement threats now...

[junker]

the last time i was sued, i received a letter from a arbitration outfit, offering to help settle a credit card dispute BEFORE i was even served the summons.i also had no clue a lawsuit was filed... yet the arbitration outfit told me a lawsuit had been filed...so check with the courthouse...as it will be filed in court long before you get the summons....i think these arbitration outfits routinely check courts for lawsuits....at the courthouse i found that the suit was filed on october 10, and i was not served until november 27th.....

[Momof123]

the last time i was sued, i received a letter from a arbitration outfit, offering to help settle a credit card dispute BEFORE i was even served the summons.i also had no clue a lawsuit was filed... yet the arbitration outfit told me a lawsuit had been filed...so check with the courthouse...as it will be filed in court long before you get the summons....i think these arbitration outfits routinely check courts for lawsuits....at the courthouse i found that the suit was filed on october 10, and i was not served until november 27th.....

Thanks I have checked with the court house in Richmond my name is not listed and Capital One doesn't have any cases on that date?? Not sure what this letter is about?????

[shark66]

Just another example of scare tactics IMO...not to say that they will not sue eventually, but none of this "if you don't pay by 21st we'll have you in court on 26th" nonsense holds water...

Good luck.

[WhatMoney]

Today I got a letter ( regular mail) from Capital one stating that they have a court date set for 5/26/10 ( in richmond va nowhere near us) and if I don't pay by 5/21/10 they will proceed with the lawsuit.

They are just saying if they don't hear from you by 5/21 that they will file a suit against you on 5/26 - probably the day each week they send a flunky employee to the courthouse to file their dozens of weekly suits. They are not calling you in by 5/26 - they are just playing with words.

If they file on 5/26, it may be weeks before you get the summons, and another 30 days after the summons waiting for your answer. If you don't respond to the summons complaint you get a default judgment and then they might go after your bank accounts etc. You probably have until July before they could get a judgment.