being sued by Capital One, guess it's time to file

[xraya]

I received a summons from the sheriff's department yesterday that included filing paperwork showing that Capital One is suing me. This is on an account that I haven't paid on in 3.5 years. I honestly thought that if they hadn't sued me by now, I was in the clear. Guess not. I have 20 days to file an answer to the papers and if I don't, a judgement by default may be entered. There is no court date on these papers and it says that I don't need to appear in court to answer.

Luckily, I have a legal plan through my work that will cover all but the court costs for filing bankruptcy. I am close to the median income for my state, but am below it. I've heard that in MA, the Trustee will sometimes apply the means test anyway to see if there's any disposable income to fund a chapter 13.

So I'm thinking my best option here is to try and file. I have several other debts that could be included. They are all 3.5 years old and total probably around $50K. I would like to get this taken care of quickly because my fiance and I are planning to get married this summer.

Any thoughts, comments, ideas?

[keepsmiling]

Wow 3.5 years. Since you are employed I am surprised they took this long.

Sounds like a plan to me. You've probably read enough here by now to know the questions to ask and are probably all set to go. Do it soon and start your marriage with a clean slate.

Best of luck and keep us posted.

[xraya]

I moved from TN to MA 2.5 years ago. I'm guessing this is part of the reason it's taken them so long to file suit. From what I've heard, Capital One is a bear to deal with.

[BKorbust]

I think I'm at about 3.5 years with Capital One as well. No suit yet (knock on wood). I'm trying to hold out until November of this year to file. If I can make it until November a large chunk of change I owe the IRS will be dischargeable. Good luck and keep us updated on the suit and you filing.

[xraya]

well I spoke with an attorney that uses my legal plan and he had me send a copy of the summons to him. I'm guessing he will draft an answer for the suit, at least to delay any judgement so that I can file for bankruptcy. This is the same attorney I was in contact with in May of 2010 when I was first considering BK. He still has my file and all the paperwork I sent in back then. Hopefully, all I will end up paying for all of this are the filing and court fees and for the counseling class I have to take. While my stomach is still in knots, I feel much better after speaking with him.

[GoingDown]

Wow 3.5 years. Since you are employed I am surprised they took this long.

Sounds like a plan to me. You've probably read enough here by now to know the questions to ask and are probably all set to go. Do it soon and start your marriage with a clean slate.

Best of luck and keep us posted.

I'm surprised they took that long, too.

They were so aggressive and quick to sue with me.

But I guess the xraya moved around a bit and that must've made it hard for them to find him or her and that is probably what caused the delay.