After 3yrs I was sued by Capital One

[treehugger1]

IamOld, Thanks for the information. I noticed that the same thing happens here for some national banks. They have someone trained to deal with the small claims. It is a very simple process.

[IamOld]

Thank YOU treehugger! What Cap One counts on is that virtually NO ONE will send back the paper to the court and they get a nice default judgment...

[dean407]

My Cap One Debt for which they sued me was a bit over $5000. They hired a *very* aggressive collection agency in VA to pursue me. They did issue the lawsuit in the county I live.

They called every 2hrs or so 7 days a week. I never answered them. A couple days after my lawyer sent the letter they stopped.

I have to state that I do feel relief as all the collection letters stopped and the slate is wiped clean for me to start over.

I have no intention of getting another CC any time soon...there is simply no need. I'll probably get some kind of secured loan from my credit union in 6mos or so to start establishing credit again. Maybe 1 revolving credit card as long as there are no high yearly fees to help my credit.

[Huxley]

I just received the paper work today that Cap1 got a default judgement against me in my local NC county court from their VA law office. Now I am in a panic about them levying my bank account and crippling me. How fast can they make that happen? Anyone experience this? Two days before Christmas. UGh.

[IamOld]

Huxley I would take all the $$ out of the bank TODAY. I don't know NC rules...in VA it's 10 days...

[mountanddo]

I just received the paper work today that Cap1 got a default judgement against me in my local NC county court from their VA law office. Now I am in a panic about them levying my bank account and crippling me. How fast can they make that happen? Anyone experience this? Two days before Christmas. UGh.

In Minnesota they can levy your bank account 45 days after the summons is what my attorney told me. They didn't even have to get a default judgement though if they didn't I'm sure they would of had to give the money back. I stopped using my bank account and left $10 in there to keep it open until I filed. I used visa gifts cards and cashed my checks at the issuing bank. All in all it cost me about $30 in fees to do that for a month. It was well worth it.

[dean407]

They need to send you paperwork regarding your income, expenses etc to see what exemptions you will have.

If you are broke and have no assets you may be OK.

Still, get to a BK lawyer as soon as you can.

[GoingDown]

I just received the paper work today that Cap1 got a default judgement against me in my local NC county court from their VA law office. Now I am in a panic about them levying my bank account and crippling me. How fast can they make that happen? Anyone experience this? Two days before Christmas. UGh.

If this is true, then why in the world would you take that chance by leaving any money in that account? Once someone files a lawsuit against you, it is time to go to strictly cash basis and stop using checking accounts and savings accounts, etc. The sad truth at that point is that the money is actually safer under your mattress than it is in a checking account at that point. And beware of any fees the bank may charge you for responding to a garnishment order or any court order. Eventhough you have no money in the account, they may end up charging you fees for responding to a court order and then overdraw your account, subjecting you to more fees. At this point, the safest thing to do is to close the account and start cashing paper checks when possible by standing in line at the local bank branch, or by having the income direct deposited to a prepaid debit card and then quickly using and/or withdrawing the money from the card, so there is little or nothing for creditors to get in the rare chance that they may happen to find it somehow.

See the stickies above about lawsuits, garnishments, exempt funds, etc. They have a lot of useful information for you in them.