My husband is being sued in Small Claims Court by Capital One. He showed up for the hearing 3 weeks ago and there was a mix up and the court date was today. He showed up again, the lawyer was unprepared, and the judge gave them a contiuance even though my husband objected. We are unsure about how to fight this. We do not owe the amount of money they are saying we do and want to fight it but I am worried we are going to be picked apart by the lawyer and not get anywhere. Any advice?
2007-11-05 03:23:47 · 5 answers · asked by Nicole R 2 in Politics & Government ➔ Law & Ethics
We owe them considerably less than they are suing us for, like we owe $300 they are suing for $1200.
2007-11-05 03:32:07 · update #1
Clarification: Capital One credit card company, not a bank. The amount they are suing for is about $1200 where we owe them around $300 from 5 years ago.
2007-11-05 03:37:55 · update #2
Show up at the new hearing date prepared to fight it.
You can usually appeal from the small claims court de novo, which means that a new case would be filed and you would start all over again.
You may consider hiring an attorney, as there may be some defenses you could raise such as statute of limitations and debt collection violations.
2007-11-05 03:29:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Who's lawyer? The bank? Seems weird for a bank to sue in small claims.
Gather all of your records, charge receipts, payments. Put them in chronological order. Even if you owe $1.00, the bank can and probably has ran up the bill by tacking on late fees and interest penalties. In small claims, the plaintiff doesn't ask you questions, the case is presented to the judge. The judge then asks your defense and you present any relevant evidence and/or testimony.
How much are we talking about here? It just seems so ridiculous to take this to small claims. Have they been calling you trying to collect? This might be viewed as harassment and should be mentioned to the judge.
2007-11-05 11:35:24 · answer #2 · answered by Phurface 6 · 0⤊ 0⤋
I don't know what state you live in, but check your state laws for Small Claims Court. Many states have limitations on when a Lawyer can get involved i.e. Claims under $500 can't have a lawyer involved. Small Claims Court was originally set up so that small claims could be settled in court without any lawyer's involvement.
I agree with above. Have your documentation together in chronological order. I would add know your rights before you go in. Use your computer and read the pertinent state statutes before you go to court.
2007-11-05 13:33:01 · answer #3 · answered by The Alpha Omega factor 2 · 0⤊ 0⤋
I have found CAPITAL ONE to be the worst credit card company. I would get help from credit attorney online for a fee they can get you out of the mess. The company has just added on alot of money probably much more than your credit line. Ingnore their letters and let someone else deal with them.
2007-11-05 11:34:30 · answer #4 · answered by jalady 6 · 1⤊ 0⤋
Why do they say you owe money but you say you don't? If you can back it up, you have nothing to worry about. I wouldn't understand how you wouldn't owe it to the point of being sued by the bank.
2007-11-05 11:28:37 · answer #5 · answered by Flatpaw 7 · 0⤊ 0⤋