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Old 03-31-2009, 07:43 PM
 
2 posts, read 99,623 times
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Hi all,
I could use some advice, and would appreciate any you could give me. I live in Chicago, and today I learned I am being sued by Capital One (represented by Blitt and Gaines, P.C.) for $2892.00 in unpaid credit card debt. I became delinquent in 11/06, and stopped paying. Once I became delinquent, and was sent to a collection agency, I decided to wait until I could negotiate a settlement with a lump sum payment. But, I lost my job, and am currently unemployed and living with a relative. I can't afford to pay for an attorney to represent me in this matter, nor do I have any money to file bankruptcy, and the legal aid clinic I contacted said they won't represent me unless I have an income. How should I respond to the summons? Can someone walk me through the best way to handle this? I don't even have the $178 fee I need file the claim, and I have to answer the summons 4/7/09.
Thanks

Last edited by moneytroubles; 03-31-2009 at 07:57 PM.. Reason: ommitted pertinent info
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Old 04-01-2009, 06:28 PM
 
26 posts, read 128,385 times
Reputation: 48
moneytroubles visit the following link, it should help.

Illinois Legal Aid | What To Do When A Creditor Sues You
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Old 04-19-2009, 10:43 PM
 
2 posts, read 99,623 times
Reputation: 26
Thanks for your help, Dan!
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Old 04-20-2009, 08:05 AM
 
Location: Some place very cold
5,503 posts, read 14,070,281 times
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You should show up at the hearing. It's usually a tactic by the collection agency to try and squeeze money out of you. Once you go, it's up to them to prove that you owe the money.

Read here:

The Original Creditor

#2 Mistake: Not showing up in court, or answering a court suit, when served.v

You automatically receive a default judgment (you lose by default). It goes on your record for seven years as a judgment. It will continue to accrue interest and follow you for at least an additional ten years. Many bottom feeder attorneys never show up in court because they know you likely will not, so it’s an easy payday for them, they've done their part by submitting the paperwork and truthfully, the court probably knows them because of their frequency. They've never heard of you. The judge thinks, the consumer doesn't care, why should I?


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Old 04-20-2009, 09:38 AM
 
355 posts, read 623,670 times
Reputation: 578
I think you can still file for bankruptcy. If you are destitute enough you can get the fee waived to file but I am not sure how. You can also file bankruptcy "pro se" without a lawyer. You just need to get the forms and fill them out. If you don't have any assets it would probably not be too difficult. Good luck.
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Old 04-23-2009, 10:01 AM
 
Location: SARASOTA, FLORIDA
11,501 posts, read 8,433,309 times
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First thing is to make sure you show up in court.

Relax, they have to prove in court it is yours and most lawsuits with Cap One do not have proof. Most times all they have is a screen copy of the debt. No signatures, no contracts, nothing

Now the most important thing is-----

What is your states statute of limitations? What was the last date of delinquency? If it has been over the SOL date then they cannot collect it.

I am assuming Illinois is 4 years but there is an out!

Do you still have your Cap One bills from 2006? On the back Cap One made a huge mistake in the wording on it.

I do not have one to explain it but on the back it states something about the statute of limitations is based on Virginia law. If you statements state this then you are going to beat them with the proper information.

** Virginia law statute of limitations for a credit card is 3 years **


Cap One is getting beat all over the country with the defense that their user agreement states Virgina law applies.

If so, check out your last date in 2006 and add 3 years to it.

If it is over 3 years they cannot collect this debt no matter what.

If you are still in the date range then do not worry, you are unemployed and have nothing they can collect on like garnishments of your wages.

Do not be scared, do your research, look up lawsuit vs Cap One, research statute of limitation laws for your state and also see if you can find an attorney to help you since you are unemployed and probably low income enough since you are unemployed to qualify for an attorney for free.

Find those statements! They are important.

As far as bankruptcy goes, it depends on the amount of your bills, surely you would not be filing bankruptcy for 3000.00.

You stated you live with a relative so there is no home to file Bk on.

How much debt do you have? Do not file bankruptcy unless you have a ton of debt and are getting sued for them, why? because you will live with it for years more ( 10 years ) from now.

My advice is this, people need to stop jumping on filing bankruptcy so quick without thinking about the below information.

You said it was from 2006. If the Illinois statute of limitations is 4 years then you are getting close to that date.

*** No debt can be collected on items past the statute of limitations **

And if you can make it past the 4 years time without more lawsuits hitting you then you will have it made.

Why file bankruptcy on debts that are 4 years old? That would be stupid.

They can only be reported for 7 years starting in 2006 and removed in 2013. If you file BK it will be on your credit report until 2019!

Why add 10 years to your credit file when it will be gone in 3 more years?

Also, get your attorney generals office involved. Last time I checked it was Lisa Madigan ( May have changed since I checked?). She was huge on going after collectors who broke the laws in collecting from consumers.

Start making notes of how this collector contacted you, dates and times, phone calls etc. Keep all letters etc.

* If you get any letter from any debt collector you must file a dispute letter by mail with them within 30 days or it is considered yours as you did not dispute it with them. So answer all letters coming in.

Something tells me that Cap One hired them because they know your states statute of limitations is coming up soon and they want to get money before it is to late. What they do not know is your defense may be that Virginia laws applies!! 3 years - not 4.

There is a great website out there that tells you how to deal with debt collectors, it is Bad Credit Loans FAQ:. Its not just about loans, it has a section of debt collectors and credit repair.

Once you get past the lawsuit and the SOL dates you might want to consider starting credit repair and getting negatives removed from your credit file for having errors on them. The website above deals with that also.

Good Luck!

Post about the statements. I hope you have one.
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Old 09-05-2010, 07:32 AM
 
1 posts, read 42,630 times
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I have a summons and will go to court, but the thing is I don't dispute that I owe the money, I just want to be able to make affordable monthly payments. HSBC would not qualify me for a hardship program because I have no steady stream of income - hence they are now sueing me for the full amount. It's so frustrating - I've never intended to dodge my debt - my business is really crumby right now, and I'm just trying to get by without declaring bankruptcy in hope that the market will come back. I've used every financial resource available to me to keep paying my bills.
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Old 09-05-2010, 09:17 AM
 
4,517 posts, read 6,344,826 times
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Quote:
Originally Posted by Lolacruickshank View Post
I have a summons and will go to court, but the thing is I don't dispute that I owe the money, I just want to be able to make affordable monthly payments. HSBC would not qualify me for a hardship program because I have no steady stream of income - hence they are now sueing me for the full amount. It's so frustrating - I've never intended to dodge my debt - my business is really crumby right now, and I'm just trying to get by without declaring bankruptcy in hope that the market will come back. I've used every financial resource available to me to keep paying my bills.
Acknowledgment of the debt and attempting to pay in good faith can drag you in deeper.

What state and what was the date of last activity (payment or charge) by you?
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Old 11-14-2010, 09:40 AM
 
1 posts, read 41,435 times
Reputation: 15
My daughter is being sued by CACH LLC and some attorney from coral gables florida ref a bank of america credit card.. got a notice to appear in court in 2 weeks.... any suggestions?
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Old 01-08-2011, 08:47 AM
 
2 posts, read 40,890 times
Reputation: 13
Please Help. Any information I could get would be greatly appreciated. On yesterday I was served with papers from Blitt and Gaines regarding a credit card bill. Around 4 to 5 years ago I opeed a credit card for a then girlfriend to have a procedure done. At that time she was to pay the credit card bill and with and upcoming settlement she was to pay the remaining balance. After a period of time she refused to pay the bill and now I am being taken to court. I have a promisory note as well as several emails regarding the bill. I paid the bill for as long as I could and could not continue to pay it. The last time I contacted her regarding the bill she went to the local police to file a harassment charge against me. She is now dating a police who threatened me via text that I was to stop harrassing her girlfrind or the police would come after me. Later that day I received a call from the local police stating that if I called her again I would be arrested. I attempted to speak to someone at Blitt and Gaines but could not get anywhere. Each time they have responded very unprofessional and rude therefor I discontinued the call. I said something rude as well. After being served I called Blitt and Gaines and they did the rude thing again and the amount on the summons is different from the amount they gave me on the phone. Can this be done? Also they are still calling my home.
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