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Hunt & Henriques trying to serve my wife!


MMkillen
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Hi Everyone-

I'm located in Los Angeles County, California and H&H has been trying to serve my wife for a Capital one credit card. She owes around $3000 and I pulled up the court info online. They filed 0n 1/24/2012. It states that the next court date is on 7/17/2012. My question is do I need to file a response even though they have not personally served her yet? Also is it common to have the date out that far?

I do not want to let this go and find out later they put a judgement on my wife. Also would it be worth it to hire a lawyer for this?

We found out about this because we received in the mail an advertisement from a lawyer stating a lawsuit had been filed! I appreciate and help you can send my way!

Mike

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Unless you're an attorney you can't file anything for her. Granted, you can do everything and then have her sign it. That would be practicing law without a license, but you might not care. I know I would not.

Is just a sitting duck that is going to get served and it is just a matter of time. If so you might want to get the ball rolling and just make arrangements to accept service. However, you might want to use this time to study, research and work on the case, then when she is served she is that far ahead of the game.

It's not like are going to sneak a default judgement in on her with you watching the case online. Just check the case online every few days and make sure there is nothing going on.

It's really a personal call. If she is going to be scared all the time and have anxiety every time the phone rings, somebody is at the door or a stranger approaches her, might be worth just accepting service for the sake of peace of mind. If she is just in a whatever mode and not really intimidate by the process or just has a general "whatever" attitude, might just wait it. You never know, they might never serve her and they dismiss the case and try later.

No real right or wrong answer. Unless you know a ton about this stuff, I would be using everyday she is not served as a free day to research and get everything ready. You could even start making yourself judgement proof if you have a lot of things that could be taken if a judgement is granted.

3K is a tricky amount. It's just enough that Cap One will keep after you (actually cap one will for just about any amount), but just low enough that you could beat them with an atty and spend 3K on atty fees in the process.

I'm not a big fan of it, but you might look into arbitration. I know it works a lot of the time for amounts around the 3K range.

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Hi Everyone-

I'm located in Los Angeles County, California and H&H has been trying to serve my wife for a Capital one credit card. She owes around $3000 and I pulled up the court info online. They filed 0n 1/24/2012. It states that the next court date is on 7/17/2012.

Mike

Hello, my case was just dismissed by H&H. They're sloppy and beatable. I was only into this case 4mos. Since your wife's case was filed just this year, search for Seadragon's thread on SB890-Amended. The State AG just passed and defined what documents JDB's and their lawyers have to submit before they can file a Default judgement against a consumer in California.

As Coltfan stated at the very least, you might want to use this time to study, research and work on the case. Search this site on 'Bill of Particulars'. Just to familiarize yourself while you wait for your wife to get served.

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Update my wife does not want to keep looking over her shoulder wondering if they are going to serve her at work and wants to get this over with. With the interest fees and everything it looks like the bill is for $3800. How could I offer some type of settlement? I could offer around $800 to $1000 to settle and do you all think they would take that?

She is really upset over this and does not want it to affect her at work.

I was willing to fight it but since she is the one on the lawsuit she is afraid and does not want to go through the court system.

Any suggestions?

Thanks-

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Well you are going to have a much stronger argument for settlement if you have already answered the court with full denials. Then they know you are going to fight them and cost them money. So what you can do is if you have gotten a copy of the suit from the court house, go ahead and answer without being served. I would send along a BOP to them so they know what kind of work they are facing. After all that you can approach them for settlement reminding them about your answer and BOP.

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  • 4 weeks later...

I'm in pretty much the same boat you're in. Found out about my pending lawsuit looking up something else in the court case file. Have not yet been served a summons to appear. I will keep monitoring the case file. Started another post to try and get a head start on how to defend myself against a debt that I have no recollection of AND that would be time barred if it were mine.

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Also send them a letter informing them that per the FDCPA your wife's employer allows no debt collector communications or service of process to interrupt her work. If they try, sue them.

That a threat or did I miss something?

I thought once suit was filed, FDCPA was pretty much out the door.

Not to mention, most states have it on the books a person can be served at home/work etc. Forgot where it is they can't be served on Sundays, but never heard of not being able to serve a person at work.

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Update my wife does not want to keep looking over her shoulder wondering if they are going to serve her at work and wants to get this over with. With the interest fees and everything it looks like the bill is for $3800. How could I offer some type of settlement? I could offer around $800 to $1000 to settle and do you all think they would take that?

She is really upset over this and does not want it to affect her at work.

I was willing to fight it but since she is the one on the lawsuit she is afraid and does not want to go through the court system.

Any suggestions?

Thanks-

You might consider the arbitration strategy, for dealing with this debt and H&H. Not sure who the OC's is and when the account was opened or defaulted upon, this could make a difference. If the debt happens to be with Cap 1, you can definitely use this strategy.

Here is the short version of how it will work.

1. Make an appointment with the process server and get the service done.

2. Answer the complaint with general or verfied denial.

3. Use a Motion to Compel Arbitration based on the cardmember agreement and get the claim out of the courts.

4. Deal with the matter via Arbitration, which means make the cost for them to continue to collect on this debt more than the debt itself. This can effect a more reasonable settlement.

The upside of this strategy, as I have used it for accounts in my wife's name, that if done properly, your wife may never have to step into the court room or arb hearing. You can do almost all of the work to get out of court, and in arbitration it you are able to represent your wifes interests.

This is a very short general outline, so realize there is alot of work to do, but again you should be able to do most or all of the work. If you need additional information send me a PM....

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