gbank54 Posted April 26, 2007 Report Share Posted April 26, 2007 Hello Everyone,I know many people ask this same question, and i've flipped through page after page of articles, but haven't found one like mine. My case is really plain and simple. I had a credit card with Cap. 1. Date of last payment was 12/03 and the account went into delinquency/collections on 5/04. Original amount owed was 1359.00. I was served with papers today stating that I was being taken to small claims court(being sued) for $2400.00 for that account. The letter states i have 10 days to dispute the debt and names the due date as May 1st, however i was barely served on the 24th. My question is, what do i do next? 1. Do i get a lawyer?2. Do i attempt to call them?3. If i do call them, what can i expect?I have never been through anything like this and any help is greatly appreciated.-Joe Link to comment Share on other sites More sharing options...
wolfhound Posted April 26, 2007 Report Share Posted April 26, 2007 Isn't this out of SOL? Link to comment Share on other sites More sharing options...
thomassl Posted April 26, 2007 Report Share Posted April 26, 2007 Isn't this out of SOL?No, if the last payment was 12/03, then the SOL won't be up until 12/07 as Texas has a SOL of 4 yrs. Link to comment Share on other sites More sharing options...
cjtx Posted April 26, 2007 Report Share Posted April 26, 2007 Are they claiming the right original amount? Almost $1,000 in interest seems too much... your debt almost doubled! What kind of interest rate did you have? Is it over your credit limit? If they are misrepresenting the amount, you might have some leverage, but it looks like your best bet is to try to settle with them because they are well within SOL according to what you said. Link to comment Share on other sites More sharing options...
gbank54 Posted April 26, 2007 Author Report Share Posted April 26, 2007 I'm not sure on what interest rate the card had since it was so long ago, but i can assume its was the amount of a standard credit card. You're right, the amount I'm being sued for is almost double the original amount of $1359.00. When you say try to settle, do you mean call them myself? Or get a lawyer to call and settle? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 26, 2007 Report Share Posted April 26, 2007 this is just my opinion but get a lawyer.. I have settled myself and had a lawyer do it I have ALWAYS gotten a better deal having a lawyer looking at the case it was worth it for a few hundred bucks it saved me thousands Link to comment Share on other sites More sharing options...
Silver1 Posted April 27, 2007 Report Share Posted April 27, 2007 gbank54 -I've been through this. Get an attorney and file an answer on time with the court, no matter what. Don't let them get a default judgment against you by not showing up to court. After you've filed your answer and you get your hearing notice from the court, show up even if you cannot afford to hire a lawyer. My experience and my advice:Do not call them. They have already sued, so hash this out in a court setting where they need to prove their case. A lawyer looking at your case could tell you for sure if it's out of SOL, what your defense should be, etc.**Not legal advice, just my experience. I do strongly recommend you invest the funds in a lawyer to help you if this is your first time around. I did get a lawyer to help me and have a dismissal to show for it. Without prejudice, but it beats the heck out of a judgment! While waiting in the seats for my turn I saw the judge hand out default judgments for thousands of dollars plus attorney fees because the defendants did not show. Don't let this happen to you.Hello Everyone,I know many people ask this same question, and i've flipped through page after page of articles, but haven't found one like mine. My case is really plain and simple. I had a credit card with Cap. 1. Date of last payment was 12/03 and the account went into delinquency/collections on 5/04. Original amount owed was 1359.00. I was served with papers today stating that I was being taken to small claims court(being sued) for $2400.00 for that account. The letter states i have 10 days to dispute the debt and names the due date as May 1st, however i was barely served on the 24th. My question is, what do i do next? 1. Do i get a lawyer?2. Do i attempt to call them?3. If i do call them, what can i expect?I have never been through anything like this and any help is greatly appreciated.-Joe Link to comment Share on other sites More sharing options...
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