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Capital One taking me to small claims court - IL Please help me out!


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This is my first post here, stumbled across this wonderful forum while looking for information on Capital One taking me to small claims court.

Anyway, here's my story;

(2008 I think, but I don't have a copy of my contract or ANYTHING)

When I was eighteen, I opened a Capital One card and maxed it out - I believe it was like $750 in total - yes, stupid of me, I know, but I don't need to hear anybody bashing me for that.

Shortly after maxing the card, I lost my job (the card was in Illinois, the job was in Illinois, and the small claims case is in Illinois).

I was unemployed (not collecting anything) for a month or so, then got a job telemarketing less than 20 hours a week, and still, didn't make my payments. I do not believe that I have made a single payment on this card, but then again, I have no documentation for this card and it has been a few years.

I was living on my own, constantly trying to find a better job, but this was in Dekalb, IL where I couldn't find that much work. The next telemarketing job I was with for about 9 months laid me off and tried to tell the unemployment office that I voluntarily quit by not showing up for work. This was not the case. I had a time off request submitted and signed by my boss to get six wisdom teeth pulled (yes, six), so I ended up getting unemployment.

The unemployment was barely enough to pay my rent, leaving me malnourished for eight months. I got fed up with this, moved to Wisconsin, and got a full-time job working in a factory. I am just getting back on my feet, and am in the process of paying off a different $300 credit card balance (six monthly payments), and I am honestly just looking for any and all advice you can offer me towards helping me in my case.

My case is in small claims court in Illinois on October 5th.

Capital One's attorney is "Blitt & Gaines"

Original maxed card amount was, I believe, $700 or $750.

Amount Due: $2XXX.XX

Thanks for reading, I am eagerly awaiting response.

Basically I am looking for information as to what my REAL options are, what I need to bring to court, what I need to request (before or during court), and what I should expect out of this case.

I was really planning on starting to make payments on this account, but now it looks like I am in for some hell.

Edited by crapitalonehelp
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Got a few credit reports online...

What exactly does "Charged off" mean and what is my best course of action? I am for sure showing up to court - how do I go about asking for discovery? anything else I need?

I would post a picture of my report for this card with the important info edited out, but I cannot post images or links with under twenty posts. :(

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First off, welcome to the forum!

You will have a hard time trying to defeat an original creditor.

If it were me, I'd elect arbitration "now" by sending the attorney a letter. I've posted several of those on the forum. Let me know if you need help finding one that will fit your situation.

Next I would immediately file a motion to compel arbitration with your court.

If you can get them to grant your motion and stay the case pending arbitration, then you will have a better chance of getting them to walk away from this debt.

It won't be cost effective for them to try and collect a debt this small. :)++

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First off, welcome to the forum!

You will have a hard time trying to defeat an original creditor.

If it were me, I'd elect arbitration "now" by sending the attorney a letter. I've posted several of those on the forum. Let me know if you need help finding one that will fit your situation.

Next I would immediately file a motion to compel arbitration with your court.

If you can get them to grant your motion and stay the case pending arbitration, then you will have a better chance of getting them to walk away from this debt.

It won't be cost effective for them to try and collect a debt this small. :)++

Do what Linda says! She does have a stick. xdancex

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Could you possibly link me to each of these motions?

The one I am supposed to send to the courthouse, as well as the one which I should send the attorney?

So it's better to file these motions before the court date, and not the day of?

Also, should I be asking for all of the evidence in the case since I have none of my CC bills or any of the original documentation? (I can't remember the term for asking for all of the evidence but it is on the tip of my tongue!)

What are the chances their lawyer is going to show up with a newer version of the cardholder agreement? I already downloaded a 2008 copy that has the arbitration clause in it, but it is an incomplete copy of the agreement as a whole. How should I respond if this is the case?

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Also: I live in Wisconsin. A sherrif in Illinois gave my mother the summons. Does that count? I thought they had to give the person who was being summoned the paper, and if they didn't, there's no court date.

I'd recommend speaking to a consumer credit attorney firm, such as Edelman & Combs in Chicago. I don't work for them or have any association with them, but they seem to have a good reputation.

The problem is this: in Cook County, Illinois, the Rules of Civil Procedure state that the sheriff (or special appointed server) serving the summons has to inform the person being served that they are serving a summons. They either have to serve the defendant, or a member of the defendant's household age 13 and older. Since you live in Wisconsin, there is no way either of those could have been met. He could not serve you, and your mother is not a member of your household if you live in a different state.

Bottom line: you weren't served. It might be possible to get the process service quashed; they would be able to tell you. If you weren't served, the court case cannot legally proceed - although the court won't be aware of this and will have to be told.

And no, an Illinois court (I presume this is Cook County Circuit Court) can't serve you in Wisconsin because they have no jurisdiction there; Cap One has to serve you where you are, which in this case would be Wisconsin.

Edited by garbanzo
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I'd recommend speaking to a consumer credit attorney firm, such as Edelman & Combs in Chicago. I don't work for them or have any association with them, but they seem to have a good reputation.

The problem is this: in Cook County, Illinois, the Rules of Civil Procedure state that the sheriff (or special appointed server) serving the summons has to inform the person being served that they are serving a summons. They either have to serve the defendant, or a member of the defendant's household age 13 and older. Since you live in Wisconsin, there is no way either of those could have been met. He could not serve you, and your mother is not a member of your household if you live in a different state.

Bottom line: you weren't served. It might be possible to get the process service quashed; they would be able to tell you. If you weren't served, the court case cannot legally proceed - although the court won't be aware of this and will have to be told.

And no, an Illinois court (I presume this is Cook County Circuit Court) can't serve you in Wisconsin because they have no jurisdiction there; Cap One has to serve you where you are, which in this case would be Wisconsin.

I understand what you are stating - it would be Dekalb County though.

The address on the card account is in Dekalb County at my parents house, I never updated my address with them. So does that change anything? I haven't lived at that address since 2008.

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I understand what you are stating - it would be Dekalb County though.

The address on the card account is in Dekalb County at my parents house, I never updated my address with them. So does that change anything? I haven't lived at that address since 2008.

I don't know; the DeKalb County Circuit Court website is not very informative. You might want to call them and ask the clerk; the number is (815) 895-7131 .

If you live in Wisconsin, you live outside their jurisdiction because you live outside of DeKalb County, IL.

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  • 5 weeks later...

My wife was served and has a court date tomorrow...I was wondering what action we should take. Based on your situation what would you recommend? She is being sued for $2XXX. + as well. We too, are in Illinois, Boone County just north of Dekalb County. I'd love to talk live on phone if at all possible. I can PM you my phone number if you are willing to talk...

Thanks

LB

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  • 6 months later...

for wrong venue and motion to quash for the other venues lack of jurisdiction. reference the new case in the correct venue and get ready for legal warfare.

gather all the violations you can and sue for more money that they want then refuse mutual dismissal.

OMG I am sounding like Coltfan now, cool and for the record I am waiting for a JDB to violate my rights. I want a boat and the JDB's may give it to me.

Edited by Seadragon
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