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Hi Everyone,

I am being sued by Capital one bank & Hunt & Henriques.  My former roommate informed me that I received a letter of intent to sue from Hunt & Henriques. 

I am currently not living at the address they are sending mail to anymore. Because of this i have been checking the small claims website to see if my name would pop up and when i check it today it did! 

A few years ago I was going through very hard times and was living off of 2 CC's.  My life is now moving in a positive direction, working + going to school full time, but I currently have no money to pay them. I am very scared as any reduction in my pay would put me back in a dire financial situation. Any help, advice or guidance would be most appreciated.

 

Here is what the 2 case numbers are saying.  I have been doing a bit of research on this website and I think the first thing I should file is a bill of particulars?

Party Number Party Type Party Name Attorney Party Status
PLAINTIFF  CAPITAL ONE BANK (USA) NA  HUNT, MICHAEL S.  First Paper Fee Paid 
Viewed
Date
Action Text
Disposition
Image
  06/04/2019  DEPT.   CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT     
  12/05/2018 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT     
  06/06/2018  CASE ENTRY COMPLETED  Not Applicable   
  06/06/2018  ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 06/06/2018 OF CAPITAL ONE BANK (USA) NA FILED   Not Applicable  N/A 
  06/06/2018  COLOR OF FILE: PINK   Not Applicable   
  06/06/2018  PLACED ON CLERK'S TICKLER CALENDAR FOR 12/05/18,      
  06/06/2018  PLACED ON CLERK'S TICKLER CALENDAR FOR 6/04/19,       
  06/06/2018  COMPLAINT FILED; SUMMONS IS ISSUED   Not Applicable   
  06/06/2018  CASE HAS BEEN ASSIGNED TO

 

 

Party Number Party Type Party Name Attorney Party Status
PLAINTIFF  CAPITAL ONE BANK (USA), N.A.  CHEN, SHIH-LAN   First Paper Fee Paid 
Viewed
Date
Action Text
Disposition
Image
  06/07/2019  CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT     
  12/10/2018  CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT     
  06/11/2018  CASE ENTRY COMPLETED  Not Applicable   
  06/11/2018  ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 06/11/2018 OF CAPITAL ONE BANK (USA), N.A. FILED   Not Applicable  N/A 
  06/11/2018  COLOR OF FILE: GREY   Not Applicable   
  06/11/2018  CASE HAS BEEN ASSIGNED TO     
  06/11/2018  PLACED ON CLERK'S TICKLER CALENDAR FOR 12/10/18,     
  06/11/2018  PLACED ON CLERK'S TICKLER CALENDAR FOR 6/07/19,       
  06/11/2018  COMPLAINT FILED; SUMMONS IS ISSUED  

 

 

1. Who is the named plaintiff in the suit?

CAPITAL ONE BANK (USA) NA 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

HUNT, MICHAEL S. 

3. How much are you being sued for?

Around $2500  and $6500

4. Who is the original creditor? (if not the Plaintiff)

CAPITAL ONE BANK

5. How do you know you are being sued? (You were served, right?)

Have not been served yet. Looked it up on the county website

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

No

9. What state and county do you live in?

California, Contra Costa County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Got this info from credit karma

Dec 24, 2016 on both cards

11. When did you open the account? (looking to see which agreement/contract may be applied)

Feb 20, 2015  & May 23, 2015 

13. What is the SOL on the debt? To find out:

4 Years  in CA

14. What is the status of your case? 

Just says active, waiting to get served.

15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

16. Did you request debt validation before the suit was filed? 

No

17. How long do you have to respond to the suit?

N/A

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Cap 1 is a hard nut to crack these days.  

Chances are they have everything they need to win the case.  

You have three options:

1. Find a way to settle the case.

2. Find a way to make yourself judgment proof, as in get yourself into a situation where they cannot seize property or garnish wages.  Easier said than done.

3. File for bankruptcy.  

  • Thanks 1

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20 hours ago, BackFromTheDebt said:

Cap 1 is a hard nut to crack these days.  

Chances are they have everything they need to win the case.  

You have three options:

1. Find a way to settle the case.

2. Find a way to make yourself judgment proof, as in get yourself into a situation where they cannot seize property or garnish wages.  Easier said than done.

3. File for bankruptcy.  

Thank you for your reply.

 

So if im pretty much SOL, is there any form that you would file or just show up to court and hope for the best?

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Which is your strategy?  The answer depends entirely on your strategy.

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1 hour ago, BackFromTheDebt said:

Which is your strategy?  The answer depends entirely on your strategy.

Option #1 Hopefully try and settle for less.

 

 

Option #2 sounds good lol but doesn't sound realistic.

Option #3 I want to try and avoid at all costs as I was told bankruptcy for 9k is not worth it.

 

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Is BK worth it for $9k?  

 

For some people yes, for others, absolutely not.  

For many people, having their wages garnished until they pay off the $9k plus interest is worth it to avoid BK.  

For others, it is not.

It doesn't matter if other people think BK for $9k is a bad idea.

If you are broke, have no non-exempt assets, and a small enough income that garnishment will really hurt you, BK may well be worth it.  

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On 6/22/2018 at 5:00 PM, BackFromTheDebt said:

Is BK worth it for $9k?  

 

For some people yes, for others, absolutely not.  

For many people, having their wages garnished until they pay off the $9k plus interest is worth it to avoid BK.  

For others, it is not.

It doesn't matter if other people think BK for $9k is a bad idea.

If you are broke, have no non-exempt assets, and a small enough income that garnishment will really hurt you, BK may well be worth it.  

Very good points. I would like to try and avoid a BK.

I just got served yesterday! What are my next steps?

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It appears you want to settle this case.

In that case, whatever you do, do NOT drop the ball on the case while it is in court.  I once lost a case and then got the award vacated by settling afterwards, but that doesn't happen as much as one might like.

That means, you have to take a two-pronged attack.  

 

First, fight the case.  I don't think Cap 1 has an arbitration clause anymore.  Get a copy of their agreement to make sure. Then, answer the case a few days before the deadline.  You need to keep this alive while you negotiate.  A default judgment can take away some of your bargaining power.  

 

Second, contact the attorney about a settlement,  See what he will agree to.  They normally want one payment up front.  In that case, see what you can come up with, and see if you can settle for what you can come up with.  

 

 

If settlement doesn't work, you will probably lose the case, and have a judgment and garnishments.  

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