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CAPIAS ISSUED!


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I've been issued another capias unless I appear in court on a certain issue.

Situation was that Discover Card hired a Stephen Weiner Attorny office, and I guess I was summoned to court. But they sent the summoned to my parents home address while I was living at another address for school.

What can I do at this point? Could I hire a BK Attorney to intervene? I didn't think they would actually go through with this whole lawsuit crap and I'm amazed there is actually a warrant out for me over credit card bills....:(

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we need more information to help. The fact that they issued a warrant may mean they obtained a default judgement.

Sorry to say dodging them is no longer posssible and probably wasn't the very best strategy to deal with this.

So the first thing would be check if a default judgment is handed against you then your next action would be to motion to vacate the default judgment.

If this is for a fine or tax lien you should seek the assistance of an attorney,

the first thing is check online for the courts website and look for your name as a party that should help. If you have a judgment it could also be on your credit report.

No more running, now is the time to stand and fight, like the minutemen of old. so find out the info then let us know.

"The first rule of fight club is you do not talk about fight club, the second rule of fight club is you do not talk about fight club, and if this is your first day you have to fight" Tyler Durdin

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Its not on my credit report...

It looks like they might have obtained a judgement when I failed to appear due to the fact that I didn't receive the summons at the correct address.

I was still young at the time, I think 22years old? I'm 24 now so I didn't know how to appropriately deal with the situation.

I had great income when I was an undergrad, then 2008-2009 hit and I lost it. Credit cards started piling up. That was the deal.

If I appear in court, what do you think they'll ask me? If I can pay? Its a 4,800 balance which now "8000" due to interest and fees"

I'm nearly finished with my degree, and I keep a part-time job at 20hrs a week at $21/hr.

I just wish this would go away so I can move on with my life : (

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the reason being failure to serve the complaint to you. you may have counterclaims if they did not conduct diligence in serving the complaint.

that would make it go away and when the court asks them why they didn't serve you correctly then you have them.

so you would have to have someone else(not you for capias reasons) to get a copy of the complaint then you make a proposed answer(this board can help)

you can do this

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I would suggest you attend that hearing and tell the judge what you told us. Tell him you would like to defend yourself and that you were never properly served. Ask him to reset the answer date and to have the opposition provide a copy of the complaint. The capias is probably tenatively set for a contempt of court citation if you don't appear, you better go, or they'll pick you up and jail you. Anybody who disobeys a court order is subject to arrest.

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I'm nearly finished with my degree, and I keep a part-time job at 20hrs a week at $21/hr.
I just wish this would go away so I can move on with my life : (

21.00 an hour working part time and almost have a degree (great for you, good job), however, the way this will "go away" is you paying them every dime or somehow doing as Legaleagle recommended.

This is not "going away" without somebody paying this in full or winning a new trial/hearing and then beating them.

Not to sound doom and gloom but just being honest. You're a great target for the creditor to go after. You're young with a ton of future earnings ahead of you, you already make good money, you're getting ready to most likely make even more, they know where you are, they have a judgement just sitting there racking up interest everyday and the amount is not enough where it make any sense to file BK over.

In other words, you're their dream consumer to have a judgement against.

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as if the motion is granted it would now reset the SOL clock to make this out of SOL. so a combination motion to vacte and a motion to quash could actually win the whole thing.

Right now the judgment is a void judgment due to lack of jurisdictions, forum and subject matter, and so can be vacated at any time.

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Thank you guys, reading your advice is keeping me stress-free.

So I suppose the first step for me is to try to get the court to understand that I was improperly summoned/served.

this is still ridiculous though to think that I can end up in jail...over a credit card bill.

Just spoke to the Sheriff about the Capias,..

How am I going to fight this though? Yes the debt is mine I don't think theres a way for me to fight this right?

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as if the motion is granted it would now reset the SOL clock to make this out of SOL. so a combination motion to vacte and a motion to quash could actually win the whole thing.

Right now the judgment is a void judgment due to lack of jurisdictions, forum and subject matter, and so can be vacated at any time.

I have a question on this. So if they have a default under questionable circumstances and you are able to vacate it isn't the SOL tolled for the time they had the judgment?

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We would need to see the complaint before anything else. There are ways to defend against an OC, they use the same crappy lawyers (probably the ones from Craigslist) and the same idiotic techniques. The only occasional difference is that they may have better paperwork and there is no argument about who owns the account. Arbitration may scare them off. It sounds like this is within the statute of limitations, but you never know. DC is in Delaware with a 3 year limit. Give us the date of the last payment you made and the date they filed suit. If the difference is 3 years or more we'll have to analyze it. Usually OCs don't miss, but it has been known to happen. Sometimes some idiot paralegal loses the paperwork.

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I have a question on this. So if they have a default under questionable circumstances and you are able to vacate it isn't the SOL tolled for the time they had the judgment?

That would be why the motion to quash would be used To reset the SOL clock as the motion to quash breaks the courts jurisdiction and the plaintiff would have to file and serve the complaint again.

to make it clearer the SOL does not start to be tolled until you are served, because until you are personally served the court has no jurisdiction over you.

Technically the OP should not have a capias because the court has not established jurisdiction over him.

so motion to quash breaks the tolling of the SOL and then If they serve you you can counterclaim a time barred debt.

I hope that helps explain it.

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That would be why the motion to quash would be used To reset the SOL clock as the motion to quash breaks the courts jurisdiction and the plaintiff would have to file and serve the complaint again.

to make it clearer the SOL does not start to be tolled until you are served, because until you are personally served the court has no jurisdiction over you.

Technically the OP should not have a capias because the court has not established jurisdiction over him.

so motion to quash breaks the tolling of the SOL and then If they serve you you can counterclaim a time barred debt.

I hope that helps explain it.

Thanks, was thinking of applying this to one of my situations, but after further review it's still within the SOL even if it's not tolled. Damn VA and their laws...

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