promo_girl Posted July 6, 2008 Report Share Posted July 6, 2008 Ok, I have been reading on here for hours upon hours- both this forum and the Credit info Center information. I have learned a heckuva lot in a very short time.I still am not sure what to do in my case though.I received my initial lawsuit papers (by a process server in person) saying I was being sued by Capital One in xxxxx, and I answered that with the standard form at the courthouse, checking off "i don't know". They are now serving me (by mail) with a Motion for Summary Judgment. Included are copies of some of my last bills with Capital One- the summary pages.Also included was a signed, notarized affidavit from someone with Capital One in GA. I am in WY, by the way. It says she is a "duly authorized agent" for Capital One, not with the collection attorney's office.The paperwork was filed on xxxx, and with the holiday, I received the motion on xxxxxx.I just cannot have them garnish my bank accounts (unless I take out all the money in them and hide it under a mattress- though it is less than $1000, it is my mortgage/food/diaper money)..Am I supposed to file some sort of answer to this or is it a wait-and-see game? Is it too late to settle with the collection attorney or Capital One?Also, has anyone ever heard of The Debt Solvency Group who offers a package of forms for filing for Financial Hardship paperwork? Does this actually work?Please give me some direction.Thanks! Link to comment Share on other sites More sharing options...
promo_girl Posted July 6, 2008 Author Report Share Posted July 6, 2008 Can anyone help me out with some direction on this? I really am not sure if I should file some sort of motion to stop the summary judgment process, and if I do am I supposed to ask them for more evidence- how they came about the amounts they are asking for, if they represent Cap1 or bought my debt, etc..Or do I just call the atty and negotiate a settlement? I know usually a phone call is out of the question, however we are talking about a few days that I have here to respond- being that they filed this and sent it REGULAR mail!It isn't the summons that gives me 20 days anymore, in fact it does not state how much time I have at all.. Link to comment Share on other sites More sharing options...
promo_girl Posted July 6, 2008 Author Report Share Posted July 6, 2008 Ok, and actually in re-reading this thing for the hundredth time, (NOT SO GREAT AT READING LEGALESE) I see that their motion for summary judgment, they say, is based upon the fact that my original answer did not ask for anything to dispute this(I was going by a lawyer's advice that go-round, and didn't know any different until I found this site)The paragraph quoted:"Comes Now, the above named Plaintiff (cap1). by and through council, and moves the court for a Summary Judgment against the defendant pursuant to Rule 56 of the Wyoming Rules of Civil Procedure, upon the grounds and for the reasons that based upon defendant's admissions contained in the Answer and the Affidavits filed herein, there is no genuine issue as to any material fact, and therefore the Plaintiff has a right to such Summary Judgment as a matter of law.What do I do now if I didn't answer the original summons correctly (based on an atty's advice..) Link to comment Share on other sites More sharing options...
CDL Posted July 6, 2008 Report Share Posted July 6, 2008 Did the form you used from the courthouse state somewhere that you can add defenses at a later date? Since you already responded to the original summons and you seem to want to deny any knowledge of the debt, you may be able to respond to this motion with defenses that deny their allegations. Maybe the judge will accept it.It sounds like they have their ducks in a tight order and you know the debt is yours and you want to work something out.My philosophy is to avoid a judgment at all costs. This account is already on your reports and will remain for 7 years after last payment. So if you work out a settlement then this will be the only account on your reports and the clock is already ticking. If you get a judgment now it will report for 7 years from now and the original account will remain for the rest of their 7 years, so you will end up with 2 negatives reporting instead of just one. Link to comment Share on other sites More sharing options...
promo_girl Posted July 6, 2008 Author Report Share Posted July 6, 2008 I am not really sure- I don't think so.At the time, my atty (I was going to file bk but changed my mind) advised me to go fill out this form to answer it, and I did- It was like an elementary school form- Check here, fill out the case# and your name, and info...I also REALLY want to avoid judgment- I have a business and they can get both that account (with customer/vendor's money in it) and my personal account (which- I have kids!) This is my main motivation for not having large sums of money yanked out from under me unexpectedly..How would I go about settling this quickly- will the atty even consider it?These other things- proof it is mine, etc, I was thinking of these more in terms of ways to delay the whole process, for more time. Link to comment Share on other sites More sharing options...
CDL Posted July 7, 2008 Report Share Posted July 7, 2008 I am not really sure- I don't think so.At the time, my atty (I was going to file bk but changed my mind) advised me to go fill out this form to answer it, and I did- It was like an elementary school form- Check here, fill out the case# and your name, and info...I also REALLY want to avoid judgment- I have a business (sole prop) and they can get both that account (with customer/vendor's money in it) and my personal account (which- I have 2 yr old twins and a baby! This is my main motivation for not having large sums of money yanked out from under me unexpectedly..How would I go about settling this quickly- will the atty even consider it?These other things- proof it is mine, etc, I was thinking of these more in terms of ways to delay the whole process, for more time.It's already in court and they are motioning for a judgment, I don't see how you could delay it too much. The judge may make his/her decision based on what they already have, so the sooner you send something in the better.I know people will probably say you have your right to your day in court, but I have an ongoing case right now and about a year ago the judge made a final decision in my case and I never set foot in court.My attorney and I had to go through all kinds of crap to get the case back on track. I even wrote a letter to the judge asking how could he make a final decision without me even having my day in court, he didn't care. We have a new judge now and I had my day in court finally.The only way I see you delaying anything is if you hire an attorney. My case has been going on for a little over a year and a half and my attorney has cost me over nine grand.I don't believe they can touch the business, unless they are suing the business. You can probably work out a settlement with the attorney, but you would make out better if you have an attorney work out a settlement for you. Link to comment Share on other sites More sharing options...
merrybucks Posted July 7, 2008 Report Share Posted July 7, 2008 In your answer did you admit to the debt being yours? Link to comment Share on other sites More sharing options...
promo_girl Posted July 7, 2008 Author Report Share Posted July 7, 2008 In your answer did you admit to the debt being yours?In my "answer" I didn't admit to anything at all-They had 3 checkboxes, and one essentially said "I know nothing regarding this"and that is what I checked. The other 2 were saying "yes i agree" and "no I dispute"- which is probably what I should have checked so I could tell them I wanted more info regarding the amounts and how they arrived at them at the very least. I really would like to know this. The last bill from Cap1 with fees, interest, etc says less than xxxx (edited) and this suit is for xxxx (edited)Would I be stupid to call the lawyer Monday morning, and tell him I am seriously considering BK, (I actually have all the paperwork filled out for it already from a few months ago).. I could then offer him 25-50% to settle right now.What are the chances they will accept it? Otherwise I might just take my $1100 to a lawyer and file that BK as soon as possible. I really wanted to avoid the BK though and take some of all the wonderful advise on this board and start working on my other collections stuff- Link to comment Share on other sites More sharing options...
promo_girl Posted July 7, 2008 Author Report Share Posted July 7, 2008 I don't believe they can touch the business, unless they are suing the business. That would be true if the business was incorporated (which I will probably run out and do quickly if I see that the judgment is going to be given), but as a Sole Proprietorship, DBA account, - my business=ME... Link to comment Share on other sites More sharing options...
CDL Posted July 7, 2008 Report Share Posted July 7, 2008 I believe if you file for BK right now it would halt this case in it's tracks. Hopefully someone will correct me if I'm wrong. Link to comment Share on other sites More sharing options...
promo_girl Posted July 7, 2008 Author Report Share Posted July 7, 2008 I believe if you file for BK right now it would halt this case in it's tracks. Hopefully someone will correct me if I'm wrong.Yes, it will, so this is the reason I think it will be a good negotiating point for Cap1's atty. Link to comment Share on other sites More sharing options...
CDL Posted July 7, 2008 Report Share Posted July 7, 2008 Yes, it will, so this is the reason I think it will be a good negotiating point for Cap1's atty.Oh, it will definitely give you negotiating power if you want to settle. Don't let them lead you to believe they don't care, because once you say BK what's gonna go through their mind is a halt to the lawsuit and they won't get anything.Make it clear to them that the settlement will be $2000 and case closed, paid in full or $0 and BK and their account goes included in BK. Link to comment Share on other sites More sharing options...
promo_girl Posted July 7, 2008 Author Report Share Posted July 7, 2008 I just want to thank CDL and everyone who replied to give me some input and perspective- I appreciate every single bit of advice! Link to comment Share on other sites More sharing options...
promo_girl Posted July 9, 2008 Author Report Share Posted July 9, 2008 Here is the last motion I filed Link to comment Share on other sites More sharing options...
promo_girl Posted July 9, 2008 Author Report Share Posted July 9, 2008 and today I get back an "Order of Setting", for a set date for a hearing- I have to appear and the plaintiff can telephone in..with a NOTICE on it telling me:"WHEN A MOTION FOR SUMMARY JUDGMENT IS MADE AND SUPPORTED BY AFFIDAVIT, YOU MAY NOT DEPEND UPON THE MERE ALLEGATIONS OR DENIALS OF YOUR ANSWER, OR OTHER PLEADING, BUT YOU MUST RESPOND BY SWORN AFFIDAVIT, OR AS OTHERWISE PROVIDED IN RULE 56, WYOMING RULES OF CIVIL PROCEDURE, AND IT MUST SET FORTH SPECIFIC FACTS SHOWING THERE IS A GENUINE ISSUE FOR TRIAL. THIS AFFIDAVIT MUST BE FILED WITH THE COURT WITHIN 20 DAYS AFTER THE MOTION FOR SUMMARY JUDGMENT WAS FILED OR AT LEAST 3 DAYS PRIOR TO THE HEARING. YOU MUST SERVE A COPY TO THE PLAINTIFF, BLAH BLAH BLAH,IF YOU DO NOT SO RESPOND, SUMMARY JUDGMENT, IF APPROPRIATE, WILL BE ENTERED AGAINST YOU.Now, being that this came so quickly, I do not know if they even saw my motion before they entered this order, or if they entered this order and notice after seeing my motion.. meaning my motion wasn't appropriate?HELP!! Link to comment Share on other sites More sharing options...
admin Posted July 9, 2008 Report Share Posted July 9, 2008 Your motion was probably fine. It's possible no one has seen it yet. Link to comment Share on other sites More sharing options...
promo_girl Posted July 9, 2008 Author Report Share Posted July 9, 2008 Your motion was probably fine. It's possible no one has seen it yet.I attached a .pdf file to the 1st post this morning, of my motion, but it doesn't seem to be showing. I will try again here.Still nothing- Are .pdf files allowed to be attached here? Am I too much of a newbie here? Link to comment Share on other sites More sharing options...
promo_girl Posted July 11, 2008 Author Report Share Posted July 11, 2008 ... Link to comment Share on other sites More sharing options...
admin Posted July 11, 2008 Report Share Posted July 11, 2008 I would not attach a copy of the motion. Believe it or not, some creditor troll (that's a good word I think) these boards. Just list the pertinent facts. Link to comment Share on other sites More sharing options...
promo_girl Posted July 12, 2008 Author Report Share Posted July 12, 2008 I would not attach a copy of the motion. Believe it or not, some creditor troll (that's a good word I think) these boards. Just list the pertinent facts.Funny you say that as I read another thread today about a girl who had her posts from here presented to her in court..so I went back through and edited details out of all my posts today. Link to comment Share on other sites More sharing options...
admin Posted July 12, 2008 Report Share Posted July 12, 2008 Funny you say that as I read another thread today about a girl who had her posts from here presented to her in court..so I went back through and edited details out of all my posts today.Smart thinking. Link to comment Share on other sites More sharing options...
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