How to attack Cap1?

[ImInDebt]

Sorry, this is a little lengthy but trying to get the full story out there on my first post.  Please go easy with me, lol:

 

Hello everyone, need a little advice, if there is any.   Cap1 got me out of venue on a gutter serve which ended as a default for them.  They confiscated my bank account and then tried to garnish me, which is when I first realized what was going on.  When they tried to garnish me, I sent a change of venue letter to the court but it went unheard and they won a garnishment out of venue again, but I had changed jobs so the garnishment did not stick.  Fast forward to today and they are coming after me with another garnishment in the proper court.  Fact is, they are going after the old job, yet again.

 

Now, so you all know, I have been, since the FIRST MONTH of missed payments, trying to work something out with cap1, and, or, their greedy lawyers .  I did not have all of first months back payment and 3/4 payment wasnt good enough, so, on and on it, doubling each time until I was buried.  I have NOT been trying to evade them, but, finally, at their $1,000 a month payment request, its impossible to pay back at that rate, they are nuts!  I cant express enough that I was never trying to run from them, but, trying to work something out.  Sure as heck not $1,000 a month!  

 

After 10 years of Cap1 and the lawyers ignoring me, and, having my credit ruined because THEY will not work with me, I am fighting mad and feel I have paid enough through bad credit, ESPECIALLY when I have been TRYING to work with them.  At this point, I think they need to work for every cent they can get from me, and, if I find the angle to end this now, short of bankruptcy, its time.

 

So, I was sent a letter to show up for the newest garnishment in what is now proper venue court.  VA law says I have until court date to give answer.  I went to court to give an answer, ask for an extension and or to demand a trial.  Cap1 said my old work didn’t answer the garnishment request.  The judge stated he would postpone to give me time to answer and Cap1 to find out why my old company didn’t respond.

 

So, at this time, worst case scenario I am hoping for out of court settlement before this goes on record but they WILL NOT respond to me.  Best case scenario I go to trial and they bail before trial.

 

Since they refuse to respond, STILL, and want to screw me harder, I want to screw back.  Any tips, tricks or procedure’s to try along my journey?  Just to antagonize them, I am thinking of counter suing for extortion, mental anguish, breech of contract (got to be something about not responding to the request to pay them back), blackmail etc.  Just something to tie them up and make the lawyers spend time preparing case files, discovery etc. Maybe on a whim and hope, they will drop it?

 

Any hope for me?

 

[Harry Seaward]

33 minutes ago, ImInDebt said:

Maybe on a whim and hope, they will drop it?

Nope. Best shot you have is arbitration. Cap1 removed arbitration from their agreements several years back, but I know it was there as recently as 2010.  IIRC, they even had a survivability clause, meaning the arb provision remained in effect even If it was removed from future agreements. If your account is at least that old, I'd come to court with a list of complaints you have against them, your agreement with arbitration clause (hopefully including a survivability clause) and a motion to have those issues heard in arbitration. Be prepared for them to argue that their modern agreements don't use arbitration. I would argue that may the case, but your agreement does and they need to show the court you expressly consented to have arbitration removed.

If you end up in arbitration, chances are good they will just come back at you with the debt you owe and have the arbitrator make the same findings they would get in court. The hitch is that arbitration is expensive for them, and they may decide they've collected enough to be able to walk away. 

Couple questions. Did you ever try to get the original judgment set aside on improper venue? I doubt you could do this now that you've participated in garnishment proceedings, etc. Just curious. 

Second question, what's your objection to bankruptcy? I mean if you legitimately can't afford $1,000....

[Debtguy393939]

how Much is the debt you owe? I have a hard time beleiving they said they will only accept $1000 payments per month. 

You can’t base anything on them not showing up, they will. A lot of the things you want to “countersue” them for aren’t going to be easy to prove unless you have solid evidence or just aren’t even causes of action you can bring. Plus there is already a judgment against you, so unless you get judgment vacated and case put back on the calendar and counterclaim is not the right avenue. 

If I were you I would try to offer a lump sum settlement and be done with it. 

[Clydesmom]

2 hours ago, ImInDebt said:

So, at this time, worst case scenario I am hoping for out of court settlement before this goes on record but they WILL NOT respond to me.  Best case scenario I go to trial and they bail before trial.

You have a MAJOR problem:  there is NO trial.  This is essentially a debtors exam.  You will have to reveal your new employer so your wages can be garnished if you do not reach a lump sum settlement with them prior to the hearing.  

They are NOT going to bail.  This is easy collecting for them now after a decade.

2 hours ago, ImInDebt said:

Any tips, tricks or procedure’s to try along my journey?

Unfortunately you have only 2 options:  settle or file bankruptcy.  If you don't do either of those you are going to have your wages garnished.

2 hours ago, ImInDebt said:

Just to antagonize them, I am thinking of counter suing for extortion, mental anguish, breech of contract (got to be something about not responding to the request to pay them back), blackmail etc.

First:  black mail and extortion are criminal charges and you cannot bring them in a civil action.  Regardless nothing Cap1 is doing is either of those.  Second:  you were the one to breach the contract when you defaulted on  your payments.  Last:  any mental anguish is from your not dealing with this situation years ago not their diligent efforts to collect what you owe them using legal means.

There is NO counter claim to file.  You are not going to trial where they have to prove the debt.  They are hauling you into court to make you reveal your assets.  If you fail to respond or participate you could be arrested.

2 hours ago, ImInDebt said:

Maybe on a whim and hope, they will drop it?

ZERO chance they drop this since they already have a judgment.

2 hours ago, Harry Seaward said:

Nope. Best shot you have is arbitration. Cap1 removed arbitration from their agreements several years back, but I know it was there as recently as 2010.  IIRC, they even had a survivability clause, meaning the arb provision remained in effect even If it was removed from future agreements. If your account is at least that old, I'd come to court with a list of complaints you have against them, your agreement with arbitration clause (hopefully including a survivability clause) and a motion to have those issues heard in arbitration. Be prepared for them to argue that their modern agreements don't use arbitration. I would argue that may the case, but your agreement does and they need to show the court you expressly consented to have arbitration removed.

NONE of that will work.  Cap1 already has a judgment and Virginia courts make garnishment VERY easy.  I know. I was sued by Cap1 back in the 90s and they garnished my wages.  This hearing is NOT a trial.  It is a debtors exam and the court is not going to entertain a motion to compel arbitration as the matter has already been settled years ago.  

 

[Harry Seaward]

10 hours ago, Clydesmom said:

the court is not going to entertain a motion to compel arbitration as the matter has already been settled years ago. 

The court has no business considering the underlying debt when ruling on a MTC for claims he makes against Cap1.