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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Being Served with Papers for Credit Card Debt

    My question involves collection proceedings in the State of: Texas
    I was called and told that I would be served with papers and being sued for CC debt from Capital One. The caller said if I did not accept the papers then an automatic judgment would be placed against me. Here is what I'm wondering as the SOL will be up in June this year.

    1.) If I don't accept the papers will they place a judgment against me and try to get the money anyway they can like taking anything in my name like vehicles, trailers or freezing my bank account?

    2.) If I accept the papers and go to court and they don't show up does the judge dismiss the suit sometimes? What would I be proving in court if I knew that I owned the debt?

    I just don't have the money to pay the debt right now and I'm not sure what to do accept or not accept the papers as I've read that if you make a payment or acknowledge the debt the SOL can start from scratch.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,027

    Default Re: Being Served with Papers for Credit Card Debt

    If they get a judgment they will seek to collect the money by whatever legal means are available to them, including a possibility of garnishment or execution against your assets.

    It's possible that they won't show up in court, but it's unlikely.

    Do you want a default judgment to be entered against you? If not, accept service and answer the complaint. Answering a lawsuit does not restart the statute of limitations; but that's not really much of an issue, given that they've apparently filed a timely lawsuit.

  3. #3

    Default Re: Being Served with Papers for Credit Card Debt

    If you do not accept the service they will still be able to get a default judgment against you.

    You would be in the best situation possible by accepting service, answering the lawsuit (Defendant's Orgininal Answer) and then trying to negotiate a settlement amount.

    I have been a paralegal dealing with 150+ cases like this and without a doubt the people that settle for the lowest and easiest do it within the lawsuit. Once the credit card takes a judgment you usually pay a lot more.

    There are lots of things that you can dispute even if you owe the money to the company. You would need to seek the advice of a local attorney (many give a free consult). You can find a consumer attorney at http://www.naca.net .

  4. #4
    Join Date
    Dec 2009
    Posts
    8

    Default Re: Being Served with Papers for Credit Card Debt

    I just went through this with Cap1. See my story and results here > http://www.expertlaw.com/forums/showthread.php?t=91653

    I served them with a demand for discovery and they NEVER SHOWED UP and the case was dismissed WITH PREJUDICE I might add!

    Good luck and give us the results good or bad so thers can learn and make better decisions on how to handle their own situations.

    ITADMIN

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