x3ph4 Posted April 1, 2012 Report Share Posted April 1, 2012 (edited) Capital One is apparently suing me. I've received several fliers from lawyers saying they want my case and I was able to search through the Justice of the Peace and find that they have indeed filed something. However, I have not received a summons nor is there a date for court on the JP website. So I have a few questions.1. How does this all work? I hate to sound dumb, but I kind of am. I know nothing of legal matters. 2. I have no money, I have no job, bank account or property. My husband makes enough money to give us food and take care of our son. 3. How can I fight this? By that I mean, step by step. I live in Texas, if that helps. I know that I need to show up but passed that I'm virtuously lost. Also, if I don't get something saying when to be in court can they pass judgement for no show? As of right now I have no clue when I'm supposed to be going and I know for a fact they have the wrong address for me as I just went and got my mail from my parents and that's how I found the lawyer fliers.Sorry, I should have said that I have not yet reached the SOL. Edited April 1, 2012 by x3ph4 Link to comment Share on other sites More sharing options...
Cliff2009 Posted April 1, 2012 Report Share Posted April 1, 2012 When was the last payment made? Link to comment Share on other sites More sharing options...
x3ph4 Posted April 1, 2012 Author Report Share Posted April 1, 2012 In 2009 so it has not reached the SOL yet unfortunately. Link to comment Share on other sites More sharing options...
Cliff2009 Posted April 1, 2012 Report Share Posted April 1, 2012 In 2009 so it has not reached the SOL yet unfortunately.Once you get the summons you can potentially knock it out with electing arbitration. This site will explain a lot. Arbitration Link to comment Share on other sites More sharing options...
x3ph4 Posted April 1, 2012 Author Report Share Posted April 1, 2012 Okay thanks. I'll try and read through it as much as I can. I don't understand a lot of the legal stuff. I got the card, I was young and dumb. Now, I'm trying to get it dismissed if I can. I guess it's just a waiting game. Link to comment Share on other sites More sharing options...
BrokeInTexas Posted September 28, 2012 Report Share Posted September 28, 2012 I'm in the same boat! What happened with your case? Link to comment Share on other sites More sharing options...
Cliff2009 Posted September 28, 2012 Report Share Posted September 28, 2012 I'm in the same boat! What happened with your case?When was the alleged card opened, when was the last payment, what is the approximate debt and how long until you must answer? Link to comment Share on other sites More sharing options...
energizer Posted September 28, 2012 Report Share Posted September 28, 2012 You may want to DV'd one of your CA's. it will stall/postpone the lawsuit. Link to comment Share on other sites More sharing options...
dwalt2400 Posted September 28, 2012 Report Share Posted September 28, 2012 The Original Post was from March this year.. so it may be past what you were asking Energizer.. unless you meant for Broke in Texas... then, nevermind LOLMaybe Broke will post again.. Im being sued right now in Houston and I m dealing with it pro se, but I have legal aid starting to help on a few bits so as I get info on law, I ll share too, whatever I learn..re statutes or venues or processes. Link to comment Share on other sites More sharing options...
racecar Posted September 28, 2012 Report Share Posted September 28, 2012 http://5636.pd.lawyers.com/~/media/Firm%20Galleries/Organizations/1/3/0/6/1306405/crcauses200809.ashxCredit Card Lawsuit Defensehttp://www.law.gonzaga.edu/academic-program/Files/cle/Folder/Jarzombek_Defending_Debt_Collection_Suits.pdflaw-attorneys-feeshttp://warybuyer.com/wp-content/uploads/2011/10/How-To-Defend-a-Credit-Card-Case.pdfDear Senator Dodd: A Credit Card Holder's Bill of Rights (CL&P Blog)http://www.texasbarcle.com/materials/Programs/1965/Brochure.pdfhttp://www.utcle.org/eLibrary/preview.php?asset_file_id=26228http://www.collectioncenter.com/info_center_links/fdcpa_paper.pdf Link to comment Share on other sites More sharing options...
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