Being Sued

[srhwhite]

I live in Colorado. My roommate is being sued and we do not understand the letter that came in the mail stating that he was being sued by Capital One Bank. What is the answer form that they are referring to? Does he need a lawyer? Will he have to pay right away?? Any light you can shed on this horrible situation would be greatly appreciated. Please let me know if you need more info from me. Thanks!

 

[Ladynred]

Your roommate must file an Answer to the lawsuit within the time limit stated in the Complaint. There usually isn't a form to fill out, you type up your answer.

How old is this debt, when did he last pay Crap 1 ?

Who is the Plaintiff on the lawsuit ?

What court is the lawsuit filed in, is it small claims ??

He does not necessarily need a lawyer at this point, but if he's not comfortable handling this w/o one, then get one, but find one that is familar with consumer credit laws.

Instructions on how to file an Answer to the lawsuit can be found here:
http://www.legalhelp.org/public/answering_complaint.htm?PHPSESSID=08dfdefb96e1cb130f2487c39bf29895

http://www.legalhelp.org/public/affirmative_diffense.htm


You can also look at this one, its for WA state, but it explains everything fairly well and gives a sample Answer you can use. You would just have to make adjustments for your state's laws.
http://www.legalhelp.org/public/affirmative_diffense.htm

 

[srhwhite]

I'm not sure how old the debt is.
The plaintiff is Captial One Bank.
It doesn't say if it's for small claims or not. I would assume it would be since it is under $1K.
It does mention something about first and second claims of relief.
Does the court set up payment plans? I understand that they can set one up on a payment plan and if payment is not made then they are in contempt of court. Is that true?
Thanks for the info, I will look those links up.

 

[Ladynred]

In some states, and yours may be one of them, it can be set up that you pay the court in payments instead of having your pay garnished. In that case, you would be in contempt if you missed a payment.

You do need to find out when the last payment was made, hopefully your roomie has records. If not, he needs to pull his credit reports ASAP.

Its also highly likely that when he goes to court, the judge will send he and the Plaintiff's attorney out to attempt to come to a settlement. If your roomie can get together 50% of the money, then he should make them a settlement offer, IN WRITING, they just might take it.

 

[srhwhite]

LadynRed you are awesome! Thanks for your help. I'll pass this info on to my roommate.
One other question however. In the answer form, can he ask for what I believe someone referred to as "statement of account as proof that he owes the client some sum of money". I guess what I'm asking is, in his answer form, is that when he can ask the plaintiff to provide a statement that shows just how much he owes?

 

[Ladynred]

No, do not include that in the Answer. You should request VALIDATION in a separate letter to the attorney who filed the lawsuit. Send it certified, RRR and keep copies of everything.

You can read up on the validation process here: http://www.creditinfocenter.com. There are sample letters there for you to use.

 

[srhwhite]

I think I'm confused. Who does he send the answer to, the courts or the attorney? And then he sends a request for validation to the plaintiffs attorney? And what does RRR stand for? Sorry for all the questions. It is just all confusing.
Thanks for being patient. I notice you have yahoo, do you accept instant messages or would you prefer this method? Thanks again for your help!

 

[Ladynred]

The papers that he was served should say exactly who the Answer goes to, but typically it goes to both the attorney AND must be filed with the court. Go thru the instructions, everything should be there.

Yes, the validation letter goes to Crap1's attorney. Once they get that, they MUST produce proof of the debt and that includes a complete statement of the alleged balance they're suing for. That does NOT mean they can send 1 or 2 statements as that would not support their monetary claim.

RRR = return receipt requested

Yes, I'll accept messages, I don't always have it turned on

 

[winman302]

Call a lawyer and ask if in your state you can have your wages garnished. If you are the head of the household, which I don't think you are, you cannot in some states have your wages garnished. If your married or have a child, its hard to get them garnished, unless you've skipped child support. That's all I know.

 

[Rainaraines]

"Call a lawyer and ask if in your state you can have your wages garnished. If you are the head of the household, which I don't think you are, you cannot in some states have your wages garnished. If your married or have a child, its hard to get them garnished, unless you've skipped child support. That's all I know"

First of all, the only states that are non-garnishable are TX, NC, SC, PA, and SD. Second of all, the only state that has restrictions on HOH filers is FL. Thrid of all, only if you are being garnished for 25% or more of your wages does child support keep you from being garnished by someone else.

Stick to Ladynred's advice.