Capital One Sueing In district 2 hrs away

[islandsurf]

Hi,

I have been sued by Cap 1 and they got a judgment against me and took it out of my bank account.

Now they are suing me for a second credit card and I just realized both times they are suing me in Richmond VA while I live closer to DC (more than 2 hrs away).

Also they had the seconds summons delivered to my old address so I am finding out about it a few days before the trial because the post office rerouted the mailed copy to me.

Any ideas on what I should be doing here? Can I try to vacate the first judgment? They already took the money but maybe I can get it off my CR?

What about the second one...it seems ridiculous that Cap 1 is suing me in Richmond Court when they have a HQ right down the street from me.

Please let me know what the best action to take...thanks.

[willingtocope]

I'd suggest you check www.naca.net to see if there is a consumer lawyer in your area that will give you some guidance.

You should indeed be able to have the judgement vacated for lack of proper service...but, you'll need a lawyer to sort it out.

[merrybucks]

You probably can get the first vacated and as for the second file a motion for improper service also question the courts jurisdiction. I believe they have to sue in the county you live in. These will only buy you time as Cap1 keeps very good records.

[islandsurf]

The first judgment has been paid because they took it out of my account. Do I need to file a motion to vacate for this to be removed from my CR or should I be doing something else? If I do file a motion do I do it in Richmond where I was sued or can I do it in the county I live in?

As far as the second summons, can I file my motion to vacate before a judgment is giving? and do I do it in Richmond or can I do it where I live? Getting really confused...I would hire a lawyer but I'm in dire straits right now...if I hire a lawyer and still get sued and lose then I have to pay Cap 1 $3800 and a lawyer on top it...