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BigHair

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  1. I'll try to keep this short and sweet, but I over explain everything so grab a cup of coffee. I was served 4 weeks ago although the complaint was filed last December. The constable left a note on my door asking me to call him, I did, he was VERY NICE and asked "do you mind if I come back in my street clothes instead of my uniform?" He arrived about 20 minutes later in shorts, t-shirt and flip flops. This old man was like my grandfather. He told me he'd been attempting to deliver these papers for months, but "you people are never home". Uh, yea, we work. He then gave me all kinds of kindly advice on what to do. I called to reschedule because I couldn't show up on the date reflected on the hearing notice (chemo appointment). The clerk was a raging bitch when I explained why I couldn't come on the scheduled date or the day after. She said "you mean to tell me you're having chemo and still working?" I told her that my health is none of her business and is protected under the HIPA laws which she may want to become familiar with. She then agreed to the date I asked. Fast forward to this morning. I walked into the office and signed in. One of the clerks said "hmmmm? Have you been in contact with them?" I said "no, why". She said "They just withdrew not 5 minutes ago. I was putting the notice in an envelope for you. I'll give it to you now instead." I asked what that meant, etc. and she gave me a copy of the fax she received as well. Now, here's my question: Apothaker's letter states "Kindly withdraw the above captioned matter without prejudice". Should I be concerned about the 'without prejudice' or should I just let it go and celebrate? One thing for sure, I'm going to sue the a$$ off these emm effers because this account was DOA in 2007 and they put it on my credit report last December.
  2. I got my love letter from Crap 1 in the mail today. I was really thrown for a loop because I was sued by those jerks and I won over 3 and a half years ago. Yay me! Anyway, the amount stated in the "new balance" box is well over a thousand higher than what they sued me for. This is also the first I've heard from them since the lawsuit. So - what to do, what to do? Ignore it? Write them a FOAD letter?
  3. Can you please explain further? In 'non-lawyer like' language because I get confused just watching Law and Order. Thanks!
  4. Thanks for the quick reply. Here's the tricky part, however. They're using an automated system so there's never a human being on the other end. It's always some robot. Should I keep waiting for a person? Thanks again!
  5. I searched for this particular matter and have another question about it. I'm getting the exact same thing left on my answering machine. I have NO idea what it's about. None. I pulled my reports and there's nothing even on there with the CA (Infinity) so do I send them a C&D letter, call them and tell them to knock it off? What? Thanks.
  6. Hopefully I have this in the right place. My SIL lost her nursing job. The folks at unemployment advised her to contact all of her credit card companies and ask them to lower the APR on their cards. She and my brother use on ONE credit card - they pay cash for everything and have incredible credit. Yay them! She called BOA, explained exactly what she was told to do, the guy on the phone asked for all of their financial information (they have a child in medical school, new car, mortgage, 2 more kids, etc.) told her he would lower her interest rate to 2.5% and then said "and now your account is closed". WHAT?!?! SIL said "no, no, no!! I need this card for my daughters college expenses. Forget I ever called you. I'll continue to pay the rate I've been paying". Jerk BOA guy said "no, because you're asking for a lower rate which tells me you can't pay your bills so we have to close your account". My brother called and talked to 3 more people, as high up as he could go and got nowhere. They checked their credit report and their score is tanking. Is there anything they can do? Thanks for your help!
  7. I keep reading about freezing of bank accounts when people are being sued. Does that happen very often? I can't tell if it does or doesn't by reading the threads. Additionally, does it happen before or after a judgement is made? I keep thinking I should pull all of my money out of my personal account (the ones with my name only on them). Fortunately, we have bank accounts with his name on his and my name on mine so I think that's good in case they do freeze anything. I am fighting this but I'm worried because I've read some things here where accounts have been frozen pre-hearings. Thoughts? And thanks.
  8. I've read and read here until I'm blue in the face and still so overwhelmed that I honestly don't know where or how to begin. With no legal knowledge and very little time to prepare, I'm scared to death of how to proceed and would appreciate any help - in very basic, easy to understand words please! I'm being sued by Capital One and my hearing is in 3 weeks. I don't know if the account is mine or not because the Certified Mail I received came in the name of Karl and my name is Karla. You can read all about that here http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=261070 instead of me yapping on about it all over again. I tried to get a copy of my credit report online so I can see when I first defaulted on Cap One, but either there's a fraud alert on my file or I answered a secruity question incorrectly so I had to print the form and mail it in. Once I get that I'll be better able to give you more details. To begin here are a few questions: I'm looking at the paperwork I received from the magistrate and it says "Civil Complaint" - is that the same as a summons? At the bottom is states in big, bold capital letters "IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR A THT HEARING AND REPRESNET YOUR DEFENSE. UNLESS YOU DO SO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT". Does that mean I have to call and let them know YES, I'll be there? Don't they assume I will? Also, and maybe I watch too much TV, I'd rather wait until the last minute to call them so that Cap One's attorney may not show up. I know, I know....but I'm so damn scared! What do I take with me besides lots of prayers? My cancelled checks? Should I dress nice? Not too nice? And remember, all of the paperwork still has Karl instead of Karla spelled on it so should I use that to my defense or no? Is it ever good to lie and say things like "I thought I paid off the account and stopped using it"? Cap One/the attorney's "EXHIBIT A" attachment is a generic piece of white paper with Capital One Bank and the attorney's name and address on the top, my name and address then statement of account in the middle with my name, an account number, date of debt, balance due and a file number. Is this all they'll bring with them? I don't work because I lost my job in March '06 so my husband supports our family (it's only he and I). Will they ask me things like that? Do I have to answer? This is so overwhelming. I can't sleep or eat and it's killing me. If I had the money I'd just write them a check and be over with it. Thank you so very, very much for your help. I hope to one day know 1/2 as much as you all do.
  9. I tried to get my credit report online and it wouldn't go through. Either there's a fraud alert on my file or I answered a secruity question incorrectly. Either way, I had to print the form and mail it in. I'm ready to cry, again. Anyway, to answer the questions you all asked. My name is Karla and the mail came addressed to Karl. I tend to ramble on and over-explain things, that's why I kept repeating it. We do get mail addressed that way at times, but not a lot. We do, however, get mail for a guy who's never lived here. So far...but just tonight an 800 number showed up on our called ID. I Googled it and it came back as Portfolio Recovery. This is a new question, but what do you do when a CA calls the first time? Whatever this is for has to be ancient. God NO!!! Yes, I know that. I just don't want my husband to have to know about this if I can help it. Willingtocope - I'm going to call the magistrates office tomorrow to ask a few questions. I'm definitely going to show up for the hearing. I gathered all of my cancelled checks from when I did pay Cap One up until the date Apothekar has listed on their paper work. Do you think that will be worthwile? Thanks again for all of your help. Question for anyone - Were you all scared the first time? I'm so, so afraid. I'm embarassed to death and just terrified. I'm not sure of what, but I'm so afraid. It's not like it's a felony hearing or anything terrible like that, but I'm so damn scared. I look at people when I'm out and wonder who else is in the same boat and think maybe it won't be so bad. I wish someone here lived nearby and could go with me and hold my hand. Silly, I know, but at least I'd have someone there who's been there and knows what it's like. I just wish I knew where to beging and had as much knowledge as you all do. Thanks for letting me ramble. It's a big relief being able to come here.
  10. At the risk of sounding lie a complete idiot, I have no idea but it's been a long while. The letter says June 2003. How would I find out? I really have no idea where to begin.
  11. Hi guys, it's been a while but I finally got the letter. Because it was mailed certified with restricted delivery and the name was incorrect, it was sent back to the magistrates office and I couldn't get it. Well, it came today. Interesting enough, the magistrate simply called Apothaker's office to tell them my name was spelled wrong and they attached Apothaker's letter stating "per our telephone conversation, kindly change the defendants name from X to XX. blah, blah, blah". The civil complaint has the one letter of my name hand written on the end of my name and the 2nd page of the complaint which Cap One/Apothaker is calling the Statement of Account still has debtor/my name spelled in the masculine/incorrect way. So, here's my list of questions. The hearing date is February 13. Other than collection phone calls from 2003 and 2004, I never received anything from them. Is it too late to request proof of anything? I'm sorry I don't know all the legal terms for this and I've tried reading through everything to figure it out, but honestly I'm so overwhelmed with it all I'm about ready to have a heart attack. If I just go to the hearing and Apothaker doesn't show, what happens? If Apothaker or a representative DOES show up, what happens? I'll have to pay, but all at once? Again, thanks for any and all help.
  12. Thank you, Drewbert. I also agree and about always being honest and never, ever lie to my husband. I just keep thinking I can handle this on my own and not let him find out about it. *sigh* Thank you, too west1012. It's killing me knowing that there's something wrong and not being able to tell him. I keep going over the scenario in my head but without having the letter in my hands yet, I'm not sure what to say. And especially not knowing all of the "legalese" that everyone is speaking, not having a single clue, I feel so helpless. So when you showed up in court and Apothaker didn't, what happened to your suit? I know I owe this money so it's not like I feel I should fight it. I should just pay. But if they don't show, then maybe I should fight it. They're on the east side of PA and I'm on the west.....
  13. Correct, I'm in Pennsylvania. And yes, the P.O. woman was being nosey or helpful, whichever. I got a letter in the mail today from a mediation service offering their "help". It's also addressed to the masculine spelling of my name. It confirms there is a court summons that has been or will be served regarding my being sued by Capital One Bank/Attorney David Apothaker. So here's my continued list of questions: Does that mean I have to physically go to court? What happens if I don't show up? Do they (Capital One) just win and I pay? As you can see, I've never been in a court room or been sued in my life. I wish I could just call them and say "ok, what do I owe you and give me your address". Because the suit lists an attorney, will the payoff remove the debt from my credit? I'm sorry for all of the questions but I can't seem to figure out the answers by reading through the site. I'm trying, really I am. Thanks again for all your help. ETA: I don't want my husband to know about this because I don't want to dissapoint him. He bailed me out of a huge financial mess once when we were first married. I couldn't stand to hurt him with this.
  14. Thanks for the warm welcome. I know I shouldn't feel embarassed about this, but I do. It's indeed my debt and I did ignore the late notices, etc. STUPID on my part. When the letters stopped, I figured "woohoo!". Again, stupid on my part. So to answer your questions: 1) The PO counter clerk is the person who said the magistrates office would send someone over with a bench warrent for me. I'm assuming that's because the letter wasn't/couldn't be retrieved. However if they typoed it, whose fault is that? Not mine, right? 3) I used to receive letter from Crap 1 (love that!) but they stopped a while ago. I received letters from a collection agency for a while but they, too, stopped. I did ignore them because I wasn't/am not working and couldn't pay them. I believe the total is only around $2000. 4) A woman at the magistrates office mentioned willful evasion. I can't remember exactly what she said because she was saying so much, so fast. But she threw that in there and it really kind of caught me off guard. 5) I would rather contact Captial One to pay it off. I can NOT allow my current husband to find out about this, therefor I can't go to court over this. KWIM? I've been trying to read as much as I can on this website and it's so overwhelming. There's so much information, GOOD information, but I don't even know where to begin! Thanks so much for your help. I'm sure I'll be back once I get this darn letter in my hands.
  15. I received a registered letter notice in the mail last week -from a local magistrates office. I called the magistrates office because the P.O was closed for the weekend/holiday and they explained it's from Capital One for old charges and a judgment. If the charges aren't paid a judgment will be filed and additional costs will be added on. I don't even know what a judgment is! When I went to the post office to pick it up this morning, they wouldn't give it to me because the letter was addressed to a masculine spelling of my name instead of my name. Of course I know it's intended for me. They said they would have to return the letter to the magistrate and have them resend it to me, however they said if Capital One has the records in the name of "his" name, they could just send the Magistrate to arrest "me/him". Is this true? Can't I just pay Capital One and get this over with? Do I have to go to court at the magistrates? Why did they send something to him instead of me? Additionally, and I apologize for rambling, they said something about willful evasion. I don't know what that is, either. So, I'm sorry for sounding like an idiot and not knowing what any of this is. I was married for a long time to someone who handled all the finances and I know nothing about any of it. Or anything about credit, including my own. I feel so stupid. Thankfully I found this place. Thank you for any and all of your help.
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