Jump to content

How should I proceed?

Recommended Posts

so I'm assuming it was dismissed.

Is it likely they will proceed with this? Also, when the original suit was filed, instead of a summons being hand delivered to me, I found it sitting in my mailbox. Is this legal? How were they going to confirm that I'd received it had I not responded or showed up to court? That document did not list an attorney, instead an employee of Capital One Bank (or their collection agency I guess) had signed it. In addition, there was no case number (when I went to look it up on that city's website, I had to search by my name and the date). None of that probably matters, but it just confused me..

Never ASSUME check and double check. Call that court house and ask. IF it was dismissed then you should have gotten notice from the courts.

Will they proceed, who knows they probably don't even know.

You can either get served by certified mail, by Sheriff or by U.S. mail. so yes it is legal. ( I am only giving you info I know to be true where I live.) Often times here, the Sheriff will just leave the summons taped to your front door.

Can't afford garnishment? Who can? Asset protection and Estate planning is the way to go.

Was your case in small claims? In my state of Indiana, if a business entity is suing in small claims the maximum amount they can sue for is $1500 otherwise they have to hire an attorney. Good thing to check out in your area. My husband was sued last year by the marina, they sent their accountant their $380 quoted repair bill turned out to be $1900, they added other fees and it was over $2200, my husband made the $1500 limit an issue and the judge seemed a bit shocked that he knew that stipulation. Oh yeah, my PWC still does not work. He lost he case, typical in these cases, but the marina has no way to collect because of our asset protection. 8-)

Link to comment
Share on other sites

I have learned it is very difficult to figure out these guys. One of our credit card debts was a Crap1 for our business, we never heard a peep from them after we had significant health issues that created catastrophic financial issues that destroyed us financially. Honestly we are more than 2 years out since the last time we made a payment to them and not a phone call, a letter, nothing. Didn't make sense to me except maybe they peeked at our credit and thought, oh crap, these people owe everyone, it's not worth our time.

I would recommend to stay on this site and learn as much as you can, I just found it this past weekend, but most of what these guys are saying is what I used to keep my head above water. I have learned a lot too. I have spent a bit too much time here in the past 4 days:roll:.

But do check with the court house by phone or in person and make sure your case is not still on the docket. Easier to do this than try to deal with a judgment. I personally would not trust the counties computer system. I just went to check on the status of my friends case today and it took them 15 minutes to find her file. Of course it was on the desk of the clerk. CYA is all I gotta say. Good luck

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.