Capital One Taking me to court. Please help.

[rfcviper]

Hey Everyone,

I was wrongfully terminated from my job Dec. 31, 2009 (yeah, conveniently before they would have to pay me for my personal time and vacation hours for 2010) because I was injured at work. I filed a Work. Comp. claim with the company on Dec. 15, 2009. They released me on the 31 of December. They told unemployment that the reason for my termination was "Too many missed days due to a work-related injury."

Well, I was already behind in a bunch of my payments for everything, but getting more and more caught up. Now, I just got a summons a couple of days ago to appear in court on 5-14. That is 1 week away. It says I allegedly owe Capital One $1700. The Amount Claimed on the front of the Summons is $1840.60.

It has the phone number of the attorney on the Summons. Should I get ahold of them and tell them that I can work out payments or should I just go to court and try to get Arbitration? I am reading up on the link for arbitration right now and trying to arm myself with as much information as I can before I go, but would love some more help, if you can. I went from making $2200/month at my job, with insurance and benefits, to $1260 a month with no insurance with my unemployment right now. There's no way I can afford to make a one-lump sum payment. If you could help at all, I would greatly appreciate it.

Thank you so much!

[rfcviper]

The Lawyer's office just tried to call my cell phone. I haven't called them, but this is the first time I have noticed their number and I did a reverse lookup on whitepages.com and it was them.

Freedman Anselmo Lindberg & Rappe LLC

630-983-0770 out of Naperville, IL

I have no service in the area where I live, so I couldn't answer even if I wanted to. Please advise.

[jkg3]

Talking to them is only going to hurt you.

Do not try to use personal hardships as a defense. No matter how bad your life is right now, hardship is not a defense to money owed. If you try to talk your way out of it by claiming hardship, it is a sure thing you will lose the lawsuit.

Send the attorney a certified return receipt letter that says two things, and nothing else.

A) Do not call me at any time. Please only write to me though the mail.

I elect arbitration to resolve this matter, according to the terms of the credit card agreement. If you do not immediately dismiss this lawsuit and initiate arbitration according to the card agreement, I will sue your firm for violating the FDCPA.

Get a copy of the cardholder agreement and bring it to court. Tell the judge that you elected arbitration to resolve the matter, and that you want the case dismissed and arbitration to begin.

[SeaStriper]

Arbitration ---> Read Read Read

[rfcviper]

Ok, thank you so much!

So, can I go to the courthouse at any time, or do I need to go at 9:30am on 5-14-10 (this Friday), like it says?

They included a copy of the cardholder agreement in the summons and it has everything about Arbitration is listed in 13.18 (Capital One 2008 Agreement).

Do I have to file with JARS or AAA? Or will the attorney that is suing me do that? I would imagine I have to do it. Can I use hardship to get the fee waived? And how do I contact them?

Thanks again for all the help. I will get a certified letter mailed first thing Monday morning.

[SeaStriper]

Slow down, I know your excited, please read everything BEFORE hand. Lot's of info on arbitration, it's easy to skip certain procedures, then when you feel comfortable FILE WITH JAMS ----> alot more expensive, and you will have a fee waiver because you live in CA email if u need help..

[rfcviper]

Thanks Seastriper,

Am I allotted time before I have to file with JAMS? I was served on Wednesday and my summons is already for next Friday (only 6 days away). I am just in a huge hurry and my wife is at work and I have to watch our 2 boys, so I am trying to absorb everything and still keep the peace with my boys. Will mailing this certified letter to the attorney's office give me the time I need to read up on everything?

[rfcviper]

Oh, and I live in Illinois. Sorry for any confusion. Was in California in March, though.....

Just visiting, didn't live there.

[SeaStriper]

Every state is different even if the concept of FILING with JAMS is the same. In any case you may elect arbitration by notifying the attorney & Crappy1 CMRRR, but you still have to answer the claim and file a motion to COMPEL ARB or Dismiss/ thats why I say state law can vary... or they will sneak a summary judgement on you. Read your court rules in ILL and prepare an answer. Ask around the boards from ILL and you can ask them for help. So remember READ READ READ and you will cme out ok. Read one post and you will nose dive right into the cement.... Just an FYI

Edited May 8, 2010 by SeaStriper

[Massive]

Oh, and I live in Illinois. Sorry for any confusion. Was in California in March, though.....

Just visiting, didn't live there.

I'd answer and cite that the Plaintiff failed to mitigate their losses and that they are attempting to collect illegal compound interest and that they should go hence with naught.

[rfcviper]

Here is the letter I have drafted up:

Louis S. Freedman, Attorney for Plaintiff

Freedman Anselmo Lindberg & Rappe, LLC

PO Box 3228

Naperville, IL 60566

Dear Louis,

Pursuant to section 13-18 of the enclosed Capital One agreement, I elect arbitration to resolve this matter.

As you are aware, once arbitration is exercised by either party, pursuant to the agreement, both parties waive their right to litigation.

I expect dismissal of case #10-SC-70 no later than 30 days from the receipt of this notice.

I also demand you immediately forward any amounts required in the contract and amendments to initiate my claim against Capital One in the contract.

If you would kindly forward the agreement and ALL AMENDMENTS so we can determine what amounts Capital One needs to forward to me for my claim in arbitration, I would much appreciate it.

Do not call me at any time. Please only write to me through the mail regarding this matter.

Thank you,

Sincerely,

I also called the courthouse and talked with them and she said to still show up, but since I am going with Arbitration, it won't even come to any type of trial. What else do I need to know before I go on Friday? Anything super important I am missing?

Do I need to send copies of this to the courthouse, the attorney and Capital One?

Thank you so much for all the help. I appreciate it more than you all know.

[rippedoff]

What does the summons say the appearance is for?

Notice seems too short to me, but I'm not in IL. If notice was improper in Any way, you want to have that info because you'll need to have every possible reason that they cannot have a Summary Judgment against you on the spot. You need to survive Friday.

Don't say Anything that sounds remotely like an admission of anything. People who say stuff like, I know I owe something but... Bamb goes the judgment gavel. So you don't want to admit any part of their claim is correct at this point.

[rfcviper]

The Summons says the Officer must give it to me not less than 3 days before the date of appearance.

I received it last Wednesday, with a court date of this Friday. Wow...They gave me a whopping 9 days to ready myself.

[rfcviper]

It was signed by the Clerk on April 12, 2010. Why did it take them almost a month to get it to me? Seriously......???

[rfcviper]

It says:

Small Claims Complaint

I, the undersigned, being duly sworn upon oath deposes and claim that the defendant is indebted to the plaintiff in the sum of $1840.60 as of March 30, 2010 for breach of contractual terms of a credit card agreement pursuant to the use of the card by the defendant, plus, if applicable, contractual interest as called for in the terms, at 23.1% plus attorneys fees as provided for in the agreement and that the plaintiff CAPITAL ONE BANK (USA), N.A., SUCCESSOR IN INTEREST TO CAPITAL ONE BANK has demanded payment of said sum; that the defendant (my name) resides at (my address); that the plaintiff CAPITAL ONE BANK (USA), N.A., SUCCESSOR IN INTEREST TO CAPITAL ONE BANK resides at 4851 Cox Road, Glen Allen, VA 23060. Plaintiff seeks judgment for the amount claimed above plus costs of this action.

It has the signature for the Attorney for Plaintiff then.

[rfcviper]

I never received a certified letter and don't recall ever being called by these attorneys. The post office commonly returns our mail if it doesn't have our PO Box on the address.

[rfcviper]

Does anybody have any ideas on my Answer for the summons? I have one written up, but I want to make sure I include everything.

I am electing arbitration.

Thanks so much for all the help.

Court date is tomorrow, 9:30am.

[BrokeBob]

Look up Illinois law on arbitration election. Make sure you take something with you to court. This would include a letter electing arbitration (copies for the Court and the lawyer), and perhaps a Motion to Stay for arbitration.

[notmeagain]

Never ask for a dismissal … ask them to stay the case until arbitration award has been rendered.

[giver]

so how did it go? What happened? Hope you are subscribing to this thread so you can tell me. I have had a bad day. Thanks!