Being sued by Capital One c/o Edwin A. Abramhamsen and Associate P.C

[tommythanhUDPA]

Hi everyone,

My wife is being sued by the OC Crap 1 for the second timein PA. Last month we went to court and the lawyer did not show up the judge dismissed the case w/o prejudice. I asked the judge to dismissed with and he said he can't so here we goes again. They file a new case on 11-2x-11 and court date is 12-2x-11. So I have about 30 days. Here is all I got from them.

Capital One Bank, N/A

c/o Edwin A. Abrahamsen & Associate P.C

Vs

My Wife,

The aboved name plantiff asks judgemnet against you for $7xxxx.00 together with court cost upon the following claim

The principle amount of $5,xxx.xx (Account ending in xxxx) is due and owning for credit granted by Capital One Bank where the balance is in default sin Jan 2008. The plantiff respectfully request that judgement in its favor and against defendent in the amount $7.xxx.xx plus court cost

Basically, We will definately will show up to court again since my wife does not work and we had nothing to lose. Worst come to worst is the bankruptcy route for us. I hope the post is clear. Any suggestion wouls help. Thanks all

[chiquita55]

I don't know anything about PA law but in CA you have to answer the lawsuit. Did you do that? They only give you so many days to do that here. You need to deny the charges to start with.

[BV80]

Hi everyone,

My wife is being sued by the OC Crap 1 for the second timein PA. Last month we went to court and the lawyer did not show up the judge dismissed the case w/o prejudice. I asked the judge to dismissed with and he said he can't so here we goes again. They file a new case on 11-2x-11 and court date is 12-2x-11. So I have about 30 days. Here is all I got from them.

Capital One Bank, N/A

c/o Edwin A. Abrahamsen & Associate P.C

Vs

My Wife,

The aboved name plantiff asks judgemnet against you for $7xxxx.00 together with court cost upon the following claim

The principle amount of $5,xxx.xx (Account ending in xxxx) is due and owning for credit granted by Capital One Bank where the balance is in default sin Jan 2008. The plantiff respectfully request that judgement in its favor and against defendent in the amount $7.xxx.xx plus court cost

Basically, We will definately will show up to court again since my wife does not work and we had nothing to lose. Worst come to worst is the bankruptcy route for us. I hope the post is clear. Any suggestion wouls help. Thanks all

Chiquita is correct. Read your court's Rules of Civil Procedure. If you have to file an Answer to the Complaint, do so ASAP. Did they provide any evidence with the complaint such as cc statements or an affidavit?

[tommythanhUDPA]

That's all we recieve from the lawyer nothing else. I do not know how to file the answer. Last time we just show up since we have nothing to lose. Any one in PA have experience with " file the answer". Thanks

[chiquita55]

I hope someone in the know is from PA here but I would google it if I were you. 'How do you answer an credit card lawsuit in PA' See what comes up. Or even google 'do you have to answer a summons if you are sued in PA? google How to answer a summons if you are sued in PA. You will be surprised what you find. I did that at the very beginning for CA and came across some good lawyers with advice online about it and I used their advice to answer the summons. Then I came here and posted what I had done and got more advice. This place is a godsend. you just need to find some folks here that know about PA so keep asking.

[tommythanhUDPA]

I hope someone in the know is from PA here but I would google it if I were you. 'How do you answer an credit card lawsuit in PA' See what comes up. Or even google 'do you have to answer a summons if you are sued in PA? google How to answer a summons if you are sued in PA. You will be surprised what you find. I did that at the very beginning for CA and came across some good lawyers with advice online about it and I used their advice to answer the summons. Then I came here and posted what I had done and got more advice. This place is a godsend. you just need to find some folks here that know about PA so keep asking.

Thanks buddy. I'll def keep searching

[legaleagle]

If that's all the complaint says, I'd ask for a more definite statement. Here we call it a Request to Revise. This thing is so generic and lacking in detail, nobody would be able to figure out exactly what they are alleging. It states no cause of action and doesn't even say if this is a credit card, etc. It sounds more like a summary judgment motion. At the very least, it will buy you some time.

[tommythanhUDPA]

Update....

I just spoke to the Court Clerk asking her if we can do a motion to dismiss and informed her that We def going to show up. This is the same case as last month and the only difference is the amount being sue is increase since the lawyer add the court fees. She said she would call me back next week to see what the judge will say. Finger Cross

[chiquita55]

I would be very careful that if you have a timeframe to answer this summons that the time isn't too late by the time she calls you back. In CA we don't get much time. good luck!

[tommythanhUDPA]

Here is my question:

How do I file the answer from what I post so far? Do I just type up a letter and denied everything then send it Certify to the lawyer and the court?

[usagi555]

Update....

I just spoke to the Court Clerk asking her if we can do a motion to dismiss and informed her that We def going to show up. This is the same case as last month and the only difference is the amount being sue is increase since the lawyer add the court fees. She said she would call me back next week to see what the judge will say. Finger Cross

Did the lawyer add the court fees from this time around, or last time around, or both? I would start combing through PA's rules of civil procedure and see if they are even allowed to soak you for the last time. Some states even have provisions that would require them to compensate you for any costs that you incurred during the first case.

[tommythanhUDPA]

Did the lawyer add the court fees from this time around, or last time around, or both? I would start combing through PA's rules of civil procedure and see if they are even allowed to soak you for the last time. Some states even have provisions that would require them to compensate you for any costs that you incurred during the first case.

They added in for this time. Thanks

[legaleagle]

Pennsylvania Code

Here are the rules that apply. Answers to a complaint are simple, you just make a virtual copy of the complaint and put your responses under each paragraph. You have 20 days. I suggest posting it here and we can give you some pointers about answering. Just make sure the wife is up to speed on all of this, you are not legally allowed to run her case or represent her in court.

[tommythanhUDPA]

Thanks for the info. It's very helpful

[tommythanhUDPA]

Thanks for the info. It's very helpful

Update. We won in Court Today. They rented a lawyer and we went outside to talk which my wife denied all the charges. He only show us some statements which show the amount. The judge rule in our favor since that's all the info we got. I'm so relief

[Linda7]

Congratulations! And that was "with" prejudice this time, I hope!

[tommythanhUDPA]

So Happy and we did not even ask. So I ask is Cap 1 going to sue again and everyone in the court room laugh including the rented lawyer

[chiquita55]

congrats!

[tommythanhUDPA]

Thanks All. The Disposition is "Judgement for the Defendant". What should we do next?

[chiquita55]

If you had to pay any fees of any kind like to answer the lawsuit you can file a form to get them back. In CA it costs to file an answer but if you didn't have any fees then I would just forget about it or I would go to the court in a week or 2 and get a copy of the dismissal for your records.

[tommythanhUDPA]

The court Send me the copy of the Notice of Judgement/Transcript today. Should I Dispute with the credit report company since we won to get it remove from credit report?

[chiquita55]

I would and I would fax them a copy of what you received.

[tommythanhUDPA]

I would and I would fax them a copy of what you received.

Thanks so much Chiquita55. I do appreciate your help from the beginning

[beatabrahamseneverytime]

I have to tell a hysterical story. I had a court date in Magistrate Court yesterday for a complaint filed by Capital One c/o Abrahamsen & Associates. The last time this happend no attorney showed up and I won a default judgement which was appealed to Court of Common Pleas where we are still batteling it out but I feel confident I will prevail there also.

This time a "local counsel" representing Capital One (actually Abrahamsen but they think we are all stupid) showed up in a beat-up Pontiac and a stained suit he looked like he slept in, with his beagle dog in the car! Took the dog for a walk and had him pee in the flower bed of the Magistrates office while the entire office was watching him out the window and then went into the hearing. Tried to intimidate me prior to the hearing however the Judge walked in and promptly started the hearing. (it gets better!)

The "attorney" presented his case. Had NO contract, could not tell the Judge when the last activity on the account was. Was missing document details because "his printer wasn't working and he was very busy that day".

Asked to call me (defendant) to the stand which the Judge promply denied and said "I've heard of this tactic before and I will not allow it." The Judge continually looked at me shaking his head and just smiled. The Judge asked if there is anything I had to say and I replied "with what was presented, do I really have too?" He laughed and promptly sided in my favor! It was OBVIOUS they were counting on a default judgement. I know it is not over and I will continue to keep costing them money in court fee's not to mention the documented cases of direct violations to the FDCPA that I plan to file when this is all done.

My advice to anyone sued by Abrahamsen & Associates, FIGHT! I did research on them and they make a fortune on default judgements. When people fight them, Abrahamsen's win rate is well below 10%. In fact, many times when they loose, they are chastised by the Judge for their unprofessional manner and incompleteness of their complaints. Use Prothonotary Scraper.com and look up all the cases for them. It makes for very entertaining reading!

[BrunoTheJDBkiller]

Hit them with summary judgment. If you get the same judge, most likely it will be granted. They'll never expect it, Mr. Stains will have more stains in his suit after he finds out he actually has to practice law. Next time he locks the dog in his car call the police and animal control.