Jesttic

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About Jesttic

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    Florida
  1. Ok thank you Nascar I'll get right on that... and thanks to all the sweet people helping me out with this. <3 Jes
  2. The last time I paid was nov 18 2008. I elected to set a trial date which will happen march 7th. Now here's the thing they filed this is dec 2011... the cardholder agreement is 3 years for sol and florida is 4 years. where do I go from here? the lawyers sent me all the copies of my bills from the day the account was opened. friends are saying i'm going to have to settle. Jes
  3. I have to go to court on this tomorrow... there has to be someone kind soul who can help me out here, please! I have no clue what I'm walking into now.
  4. Hello everyone, So here's an update. The Judge granted a continuance the new date is Tuesday Jan 24 (my birthday of all days ). I sent the election letter certified return receipt but have not heard a word from cap one or the lawyers. I know I have to show up Monday but what do I say or do once there? I have my return receipt and a cop of the letters I sent. I'm a little worried not sure what's next. Any help would be very appreciated. Also I looked at the docket and I'm still on there. Thanks, Jes
  5. So I go to the courthouse today and the judges assistant tells me she doesn't know if I will get a continuance due to the Fact that there's only 6 business days to the pre trial hearing. I had to write the judge a letter and pray that he approves it on the 27th at the pre trial. This is ridiculous really i JUST got the summons 2 business days ago. I guess there's a chance he will deny it and make a default judgement? I filed the letter with the clerk and sent it off the cap one's lawyer. I supposed I just have to pray. Jes
  6. Well about that I paid online all the time and the account I used was a different bank then I currently have. So I'm guessing I'm out of luck Jes
  7. Wow thank you for this post! I'm started to get excited over fighting back, Monday I need to go file for a continuance since i'll be out of town for the court date. I hope there's an open court I can sit in on God bless the little guys. I think people in general are tired of getting run over by these companies. Jes
  8. I spoke to the Judge's assistant I can submit a request in writing at the courthouse monday. She also informed me that I can only ask for one continuance, since they only do pretrials once a month, the kicker is the next date is on my birthday haha I'm already feeling more at ease with this thanks you Nascar and Linda7. Jes
  9. Thanks Nascar! I've been reading so much on these forums and I thank the Lord for the good people here who are looking out for us "little Guys"! Cap one are thieves, They raised my credit limit then lowered it so they could charge me over limit fees then they added some lame insurance plan for 14 dollars a month when I got the balance below the limit which again put it over the limit. after many many calls I gave up. What a crappy company I'm going to call the judge's assistant and see if i can get this moved to after the 5th of Jan and look for someone with a printer to print the two election letters. I will keep updating this as I go along. Jes
  10. Thank you very much Linda, I have no printer is it ok to write this out and mail it? I'm not even sure I can come up with the money to send it ccrr. After 20 years of running construction companies I can't even find work mopping floors right now. I wonder if legal aid here will help me. Jes
  11. I received a Summons today from Capital One. I'm supposed to appear on Dec 27 2011. The Amount they say I owe is 1912.37. this is for a Pretrial conference. Can anyone tell me what I'm supposed to do here? I'm not even going to be in town, I'll be away until jan 5th. I'm a single mom and have no resources and am scared. What happens if i can't show up? I only got 13 days notice Thanks 1. Who is the named plaintiff in the suit? Capital one bank (usa) na 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It's not listed but i looked up the summons on the county website it's Pollack and Rosen PA 3. How much are you being sued for? 1912.37 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served summons for pretrial conference small claims 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Port charlotte florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure credit report says it was opened 6/2007 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Dec 27 2011 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. copy of a bill from 2009