Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 



Sign up for our Free Email Newsletter
For Email Marketing you can trust
Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-15-2006, 07:33 AM
Junior Member
 
Join Date: Dec 2006
Location: Florida
Posts: 2

C/C civil action summons


Florida
I received a civil action summons (was served). It says that I have 20 days to respond. Capital One Bank is sueing for damages of $14,821.71 plus interest, attorneys fees and any cost related. I do owe, not nearly the amount stated in the suit. I have no records of transactions. I can't afford a lawyer to advise and do not qualify for assistance from legal aid in this matter. Please give some direction on how to protect myself from wage garnishment, or property and money seized. This debt happened when I divorced over 4 yrs ago. I have remarried now, is my spouse protected from this action? I am worried sick over this court document and everything it claims! Thank you for any suggestions!!
  #2  
Old 12-15-2006, 08:27 AM
Senior Member
 
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,182
Quote:
Originally Posted by db76220 View Post
Florida
I received a civil action summons (was served). It says that I have 20 days to respond. Capital One Bank is sueing for damages of $14,821.71 plus interest, attorneys fees and any cost related. I do owe, not nearly the amount stated in the suit. I have no records of transactions. I can't afford a lawyer to advise and do not qualify for assistance from legal aid in this matter. Please give some direction on how to protect myself from wage garnishment, or property and money seized. This debt happened when I divorced over 4 yrs ago. I have remarried now, is my spouse protected from this action? I am worried sick over this court document and everything it claims! Thank you for any suggestions!!
How on earth do you not have the transactions?So you buy, never pay, and keep no receipts?

Your wife is protected if she was never on the account. You got yourself into quite a mess, and I suggest setteling with them.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #3  
Old 12-15-2006, 09:17 AM
Senior Member
 
Join Date: Feb 2005
Posts: 3,489
Quote:
Capital One Bank is sueing for damages of $14,821.71 plus interest, attorneys fees and any cost related. I do owe, not nearly the amount stated in the suit.
The "interest fees and costs related" is for everything after the date they filed. The $14,821.71 includes a lot of fees and interest for everything in the last 4 years.

Also, if this credit card was specifically listed in the divorce agreement as a debt that your ex-spouse would pay, that does NOT take you off the hook with the credit card company. It just means that you could sue your former spouse to try and recoup the money that you will pay after losing the case.
  #4  
Old 12-15-2006, 09:50 AM
Junior Member
 
Join Date: Dec 2006
Location: Florida
Posts: 2
I have no transactions because in moving 5 yrs. ago, my files came up missing. I did pay on the account until divorcing and part of the divorce was that I assume this debt and hospital bills. They were the largest owed. Just living and trying to get by everyday, months have turned into years and now I am at this point. My son was in college and just graduated last May, that was a heavy financial burden along with many other things at the time. Finally, getting back on my feet and now I have this to sort through. The stress is terrible. I am not making excuses, trying to answer the post of why I have no records. I am hesitant to contact the c/c co. because they will know that I have no proof. Does anyone have experience with this happening to them? What can I expect? Thanks!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:55 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.