Wednesday, August 25, 2010

I'm being Sued for a Credit Card debt.

I was served a summons early this month on an old credit card debt. Being the procrastinator that I am I just now went down to the court house to try to file a Notice to Defend, so that they don't make a judgment against me just because I didn't reply to the summons. That has happened to me before with the IRS I didn't reply and then 4 months later $3500.00 disappeared from my checking account one day, just like that.

We like most of the Nation have been having money problems for some time. I had one Capitol One credit card that I missed a couple of payments on and that put it over the limit, then the fee's started piling up. I always sent what I could but never managed to get enough money to bring the balance below the Credit limit, so all I was paying each month was fee's. I called and ask if they could raise the credit limit just to stop charging me the fee's that I might manage to bring it current, no way. I asked them to get rid of some of the fee's so that I might manage to bring it current, no way. I got frustrated so stopped paying, thinking they will send the account to collections and I'll start making payments with out acquiring all the fee's. It wasn't even the interest that I was disputing it was all the fee's!

I fully intended on paying the debt, but I was never contacted to make payments. I could have been because I moved twice in one year, but if they found me to serve me a summons why couldn't they find me to send me a collection letter registered or otherwise.

Back to the Court house - like I said I just went down there to try and file a Notice to Defend, and there isn't anyone there that can point you in the right directions, to say here is the form you need to fill out and that is the line that you stand in to file it and this is how much it's going to cost you. Nothing they pointed me to the Legal Library! I already did all the darn research I could online - I know what I need to do. I just don't know how to do it!

I contacted a few attorneys but I guess they are not interested in helping me not get railroaded by a big company or a crazy collection agency with a sue happy attorney! I guess $5,469.78 is small potatoes! And my 30 days are up August 29, 2010.

What sucks the most is that I have paid off all the other debt, I have two credit cards that still have a balance but they have been current and on time for over a year now. So much so that I got a PreApproved Credit Card offer from Capitol One saying "We lost you as a customer, we see that you have been working on your Credit and would like you back."

Irony!! Hate it!


Tiny said...


all of them on the list are supporting each other while on their journey on becoming debt free. Some of them might give you advice on what to so.

Lindsey said...

Seriously, you don't need a lawyer. Go to or visit

You can do it all yourself easily. If you have questions or need help e-mail me! I will help you! I have been down that road before. You have to respond to the summons though. Send a letter to the court and to the debtor that says simply I deny that this debt is mine or that the amount is correct or that the account number is correct. It will stop things and give you more time.

Unknown said...

Thank you Theresa!

Unknown said...

Thank you Lindsey, I'm glad you came to visit my poorly written blog ;-) You have a lot of information on your blog.

Gravy said...

Capital One is so out of touch with their customers. I finally closed my account with them after 14 yrs because they refused to waive the annual membership. I know it brings my credit rating down but they really ticked me off charging me $25 just to have the card when AMEX Blue is absolutely FREE! I Hate Capital One.

Unknown said...

@ Namzola - Yeah Capitol one is clueless, when it comes to customer service. But from what I hear most Credit Cards are getting worse.


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