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Capitol One Bank taking me to court


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Capitol One is taking me to court for an Amount of $816.53. I think this is totally out of control. I understand that I did not make payments for the card but taking me to court.... really.

I was wondering what I can do in this situation. I dont really have that money at the moment and court is in 15 days.

Help!

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I understand that I did not make payments for the card but taking me to court.... really.

Not trying to be rude, but what did you expect? Court is not about if you owe the money or not. It's about which side, via admissible evidence, can prove their case.

If your defense is going to be you don't have the money to pay them back, I would suggest you contact them to settle and cut your losses. For the amount they are suing you for, even Cap One, will hit the road if you put up a fight and legitmatley run up their legal fees.

See if your court lets you appeal by de novo (that means as if the small claims case never happended). If so, sit back and see what they present at trial and take careful notes. You just got a free preview and then can appeal and be in a ton better position to attack their case at the higher court level.

Almost all small claims courts allow for an appeal for any reason by the losing party and by de novo. Might want to look into arbitration. It would cost Cap One at least twice what they are suing you for just to pay the fees to start arbitration. They would be out a few thousand before a pleading was filed or discovery even got up and going good.

Better get ready, if you don't show or just say you can't pay your getting slapped with a judgement. Look into appeal by de nove and arbitration. Probably too late to use arb for the small claims, but if you can appeal that starts the whole process over from the ground up. At that point you could motion to compel arbitration and I would bet that would lead to an immediate dismissal by them. Of course, nothing is guaranteed. Show up and be prepared to win. I doubt they will appeal, for that kind of money, if they lose in small claims.

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small claims court obviously as this does not reach the threshhold for superior court. You'll have to go to court (no lawyers) and make your case. Good luck.

That's a big assumption to make. I think in VA Credit Card cases need to be heard in Circuit Court irregardless of the amount.

The same is true in other jurisdictions for consumer protection that these cases need to be heard where evidence can be compelled before the trial.

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That's a big assumption to make. I think in VA Credit Card cases need to be heard in Circuit Court irregardless of the amount.

The same is true in other jurisdictions for consumer protection that these cases need to be heard where evidence can be compelled before the trial.

Could be, but it sounds similar. I based my comment on this info from the VA Court web site:

The “jurisdiction” of a court is the power of that court to hear and decide a particular type of case. The small claims court has jurisdiction over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000.

In trials before the small claims court, witnesses shall be sworn. The judge shall conduct the trial in an informal manner so as to do substantial justice between the parties. The judge shall have the discretion to admit all evidence which may be of probative value although not in accordance with formal rules of practice, procedure, pleading or evidence, except that privileged communications shall not be admissible. The object of such trials shall be to determine the rights of the litigants on the merits and to dispense expeditious justice between the parties.

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The judge shall have the discretion to admit all evidence which may be of probative value although not in accordance with formal rules of practice, procedure, pleading or evidence.

OP,

Not a good court to be in for a credit card case it appears. Once again, check your appeal rights. Something tells me 100% of Cap One hearsay will have probative value and the judge will throw out the formal rules of procedure. That most likely equals a guaranteed loss.

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Thank you guys. Appreciate it.

As of right now since its about 3 weeks away how should I file for "Binding Arbitration Claus".

I have no idea what I am doing.

The summon I recieved informs me the amount I should bring to court. Should I pay this amount off or with the "Binding Arbitration Claus' can I give myself a little more time?

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All depends if you want to learn the rules, procedures, and laws. Your call on that one. You can drag it out for a year easy (assuming you can appeal, which I'm sure you can) or you can cut them a check and be done with it.

Research motion to compel arbitration. There are a ton of examples. Basically you ask the court to order that the arb clause in the contract be enforced as you are electing arbitration.

You might be too late to get it for this case, but if you appeal it starts everything from scratch and then you can motion for arbitration. You'll get it, assuming you ask right and it is in the contract. The United States Supreme Court has already ruled a state court judge can't interpret the clause and if it is in the contract (can't imagine it's not) it shall be enforced if either party triggers the arb clause.

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All depends if you want to learn the rules, procedures, and laws. Your call on that one. You can drag it out for a year easy (assuming you can appeal, which I'm sure you can) or you can cut them a check and be done with it.

Research motion to compel arbitration. There are a ton of examples. Basically you ask the court to order that the arb clause in the contract be enforced as you are electing arbitration.

You might be too late to get it for this case, but if you appeal it starts everything from scratch and then you can motion for arbitration. You'll get it, assuming you ask right and it is in the contract. The United States Supreme Court has already ruled a state court judge can't interpret the clause and if it is in the contract (can't imagine it's not) it shall be enforced if either party triggers the arb clause.

I didn't read all the VA statutes, but here in loonyland CT, small claims decisions are final and cannot be appealed. Worth a look. Arbitration saounds good.....it should be in the "cardholder agreement" if you can find one online.

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