Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Judgement Process Beginning

    My question involves collection proceedings in the State of: New York

    I had a small business (S-Corp) back from 2001-2007, and a Capital One small business card (in my company name only). The limit was $1,200. The business tanked hard and I was left in more than just $1,200 dollars of debt. My main focus at that time was one my real debts like the small biz loans, larger balance accounts etc. I also hold a personal Cap One card and a lot of personal debt as well. Some of the business debt I had signed for, some not. Over a year ago we moved from GA (where my business was) to NY and all my mail was forwarded. At some point and time I stopped receiving statements from Capital One (Biz). It simply slipped through the cracks (my fault entirelly). I have not received any collection notices, not any letters at all from any attorneys. Near as I can figure my last payment to them must have been a couple of years back-There was always much confusion between the personal card and business card.

    Last week, on President's Day, I am told by a relative that a "group" of people came to the door asking for me. They were told I was not home and then asked who they were. they identified themselves as "process servers". They then simply left. They did not leave any paperwork behind, or say anything more. I had no idea who they were or why they had come. I waited all week to see if they would come back, or something would show up in the mail or on my door or whatever, but NOTHING. This morning I decided to be pro-active and call the county small claims court to see if they had any record of anyone filing any lawsuits against me and come to find that Capital One filed some paperwork on January 15, but there is no court date. Just an index number. It's actually in civil court and not under my business name, but my personal name- with no mention at all of my business name. Being that my personal card is ironically in good standing, still open, I am guessing this must be the business. I honestly do not know how to proceed. I am still repaying the debt from the business (over 100K worth) and due to unemployment our personal liabilities increased as well so I have repayment plans there as well. I would be open to trying to arrange some sort of payment plan, but honestly am scared and unsure what to do. I have no idea who the attorney is for Capital one. I don;t know if I should just send Capital One a payment directly and try and call them directly, or should I wait and see if the servers come back? Should I just go down to the court and file some sort of answer- what should I say? The idea of having my accounts frozen or wages garnished is making me literally sick to my stomach. I only confirmed this an hour ago and am freaking out. There is no court date as of an hour ago. If I am able to find out who the attorney is, I am afraid they will want the whole balance up front (because business accounts in my experience often do) and will want to just sue me and not want to work with me. The balance according to the court is now over $2,700 on a card with a $1,200 dollar limit. I guess that is all fees, but honestly have no clue. PLEASE serious advice only. I know I should have been more on top of this, but honestly with as much debt as there was I am lucky more did not fall through the cracks when the business collapsed. At least I am trying to pay it all out rather than claim bankruptcy.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Judgement Process Beginning

    You can check the court file to see if it reflects service upon you. You can obtain, for a modest fee (usually about $1 per page) a copy of any documents you want out of the court file. The court record will also reflect whether you are named, individually, as an additional party or sole proprietor of the named business.

    You can try to negotiate a payoff with the creditor, or with the law firm representing the creditor. I can't promise you what sort of success you might have.

    Given your debt load, I suggest consulting a bankruptcy lawyer.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: My Story - Beginning to Almost End
    By dumbguy85 in forum Criminal Charges
    Replies: 1
    Last Post: 11-25-2010, 04:49 AM
  2. Retail Fraud / Shoplifting: My Story, from Beginning to (Kinda) End
    By marcygram in forum Criminal Charges
    Replies: 6
    Last Post: 03-03-2010, 09:41 AM
  3. Chapter 7: Judgement / Charge Off on my Second Lien While in Short Sale Process
    By Cledus in forum Bankruptcy Law
    Replies: 4
    Last Post: 01-07-2009, 08:50 AM
  4. Foreclosure: Beginning of Foreclosure and Divorce
    By idunno in forum Buying, Selling and Conveying Real Estate
    Replies: 7
    Last Post: 03-04-2007, 07:16 PM
  5. Separation: Separation Beginning
    By fed_up in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-05-2005, 04:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources