Capital One help?

[sockrobot]

My wife today recieved a UPS express envelope, inside was a note that her card was not paid as agreed, and as a result her account has been charged off as bad debt and CRA's have been notitified. They say that if i dont contact them and workout some arrangement for payment of 1400, they will immediatley commence legal proceedings without further notice.

They claim if i dont respond to them they will file suit against me for the entire balance in Richmond, Va, they say if i would prefer the hearing in another location i need to send written notice within 10 days.

I was considering a VOD, but am really worried about the hearing location. Im afraid if i dont answer the change of proceedings and just send the VOD, they will ignore it and they will proceed with court proceedings, that ill have to drive 250 miles each way to go to court.

Should I do the VOD?
Should I send another letter maybe with a closer location if they insist on filing a claim?
Will the VOD hold them off from the supposed action?
The UPS letter didnt require a signature, and it seems that Capital One Bank has transfered the account to Capital One Services, Inc if that has any bearing. Also wife is unemployed and has no real assests.

Thanks in advance and have enjoyed the reading the forum.

[charlesa6]

[quote=sockrobot]

My wife today recieved a UPS express envelope, inside was a note that her card was not paid as agreed, and as a result her account has been charged off as bad debt and CRA's have been notitified. They say that if i dont contact them and workout some arrangement for payment of 1400, they will immediatley commence legal proceedings without further notice.

They are trying to scare you, that's part of business tactic 101.

They claim if i dont respond to them they will file suit against me for the entire balance in Richmond, Va, they say if i would prefer the hearing in another location i need to send written notice within 10 days.

No can do, don't agree to any of their statement, is not valid to bring lawsuit. They have to file law suit where you reside, no any other place or their claim is useless.

I was considering a VOD, but am really worried about the hearing location. Im afraid if i dont answer the change of proceedings and just send the VOD, they will ignore it and they will proceed with court proceedings, that ill have to drive 250 miles each way to go to court.

Don't be, like I said by law they have to file the suit where your abode located, any other place it doesn't cut it. Get it.

Should I do the VOD?

That will stall the lawsuit or pay as agreed or past it on to debt collectors.

Should I send another letter maybe with a closer location if they insist on filing a claim?

That is their problem not yours.

Will the VOD hold them off from the supposed action?

As stated above.

The UPS letter didnt require a signature, and it seems that Capital One Bank has transfered they account to Capital One Services, Inc if that has any bearing. Also wife is unemployed and has no real assests.

It doesn't matter.

Thanks in advance and have enjoyed the reading the forum.

Good. Do more study to get acquaintance with the forum etc?

[sockrobot]

Thanks for you quick reply and the info.

[masterduke]

Charles is right on regarding this location stuff! They are also trying to get you to re-contract with them so to speak. By making these various offers to you. If you send them any money or agree to any arrangements you will do yourself a bigger disservice in the long run. What I mean is; If you start to pay them some amount, they will have successfully "re-aged" the debt and when the amount you are sending them is not enuff or whatever they will either try to wedge you into some quicker pay off or sell the debt to some other debt attorneys(wolpoff types) or file suit themselves . And then they have you pinched with an "admission" that you owe them this debt by your payment agreement/history. Don't talk to them by phone(mail only) Jaylon has been successful in counter suing these creeps as have others on the forum. FYI if and when they or whoever sues, File a motion with the court to add yourself as co-defendant with your wife. This complicates their scam and they will try to prevent you from doing this(I learned this too late in my case) This will buy you some additional time so you can better prepare for their attack. You have standing to do this, as a spouse is ultimatley responsible for the other spouses debts whether they know about them or even agree with them. You are also protecting your family and homestead by filing this motion. There is case memorandems to support this tactic. That should be included in your motion docs. And that way you can speak in court. If your wife has the ablity to tangle with them thats even better. You both have to know what your doing and that requires lots of study.

[idknow]

oh
i thought i was needed to answer somethin

beat me to it!

[weaponx71]

I am curious about the location point. My problem is when I was engaged we consolidated a few cards into one. We thought everything was good. We split up, I moved out. About 2 years ago I moved to a different county. About 2 weeks after moving I got a letter stating that a default was entered in the last county and the lawyer is demanding a meeting with the local Court Commish. I went as during that time I had no job and no assets.
The lawyer phoned in, he was in a completly different county than either myself or the original filing county. I told him I had nothing and they left it at that. They left the case open, I guess waiting for me to get a job.

Well I got into trouble with the law and sat in jail for a bit. They asked for another meeting. Same set up, but this time I had JUST gotten a job, hadnt even been paid yet. The lawyer told the Commish to order me to send a copy of my paystub. I did.

I now am out of jail but I have to pay $100 a week, plus over $100 a month for fines, then there is rent and utilities. I have less than $175 a month left. I have to get food and bus fair AND try and give money for my newly born daughter out of whats left.

This past check had a garnishment on it. I asked for paper work from my job. The paperwork is filed in that last county and states that I still live there. The lawyers have known for the 2 years that I do NOT live there. The person signing the documents doesn't list a title so I have to find out if it's even a judge.

Do we have cites for the filling of paperwork in your current location?

I have found the documents and threads about void judgments and am now reading them over.

Any other pointers would be GREATLY appreciated.

Thanks,
Mark G

[idknow]

Originally Posted by weaponx71

I am curious about the location point. My problem is when I was engaged we consolidated a few cards into one. We thought everything was good. We split up, I moved out. About 2 years ago I moved to a different county. About 2 weeks after moving I got a letter stating that a default was entered in the last county and the lawyer is demanding a meeting with the local Court Commish. I went as during that time I had no job and no assets.
The lawyer phoned in, he was in a completly different county than either myself or the original filing county. I told him I had nothing and they left it at that. They left the case open, I guess waiting for me to get a job.

Well I got into trouble with the law and sat in jail for a bit. They asked for another meeting. Same set up, but this time I had JUST gotten a job, hadnt even been paid yet. The lawyer told the Commish to order me to send a copy of my paystub. I did.

I now am out of jail but I have to pay $100 a week, plus over $100 a month for fines, then there is rent and utilities. I have less than $175 a month left. I have to get food and bus fair AND try and give money for my newly born daughter out of whats left.

This past check had a garnishment on it. I asked for paper work from my job. The paperwork is filed in that last county and states that I still live there. The lawyers have known for the 2 years that I do NOT live there. The person signing the documents doesn't list a title so I have to find out if it's even a judge.

Do we have cites for the filling of paperwork in your current location?

I have found the documents and threads about void judgments and am now reading them over.

Any other pointers would be GREATLY appreciated.

Thanks,
Mark G

a lie voids all contract;

visit Your employer, who should know the truth about where you live, and ask them to cease their participation in taking your property.

Someone else here needs to finish this response for me.

[charlesa6]

Originally Posted by idknow

oh
i thought i was needed to answer somethin

beat me to it!

What sup with that, bro? Grin!!

[esse]

I would avoid entering to any Canada Banksters corrupted Death courts if you are not armored with full knowledge of their tactical fraud that may strike you down quickly and considering that judges are all executives and have all the immunity and ability to rule as they wish at will. Since you are at BC I will try to contact Irene Gravenhorst she is the one that can help you out and she knows very well what she does in her way..


All judges in Canada are IMPOSTORS, by their loyalty to the Bar Association; and, by the fact that NO LAWFUL authority has been existent since 1901 to appoint them.

Don't forget all their fraudulent Queen claims are made upon their creature Strawman. Don't be a fool tell them who you are.