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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!! | 
12-15-2006, 08:27 AM
| | Senior Member | | Join Date: Apr 2004 Location: Bay Area, CA
Posts: 10,182
| | Quote:
Originally Posted by db76220 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
| 
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. | 
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! | |
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