Capital One Default Judgement

We have a default judgement, I am wondering what my options are.

They tried to sue me 2 times now, first thing I won due to lack of evidence, and second time I was not able to be there. I made it there couple hours late, after everything was done. They told me they were going to send me a letter, never did. I then find out that they had my old address, and that is why the mail never got there.

After I got a letter from Capital One (they have my correct address). I went to court trying to file appeal, however they said that I need to do this within 30 days. It has been over 6 month!

I have been busy, and I am at the point if I have to pay or not. on $1200 debt, they are trying to collect over $4000, which is crazy, but that is how it is.

Can I still file to vacate a judgment? What can I do? I was by few month within my SOL, can I argue anything? My credit report shows $1900 instead of $4000, is that just a mistake or do I only need to pay $1900.

I do not really care to pay $4000 at this point, seeing how it affected my credit! ONLY if I knew that it would affect it by this much. However if I pay it I want to make sure that it does not affect my credit, I am ready to fight it if that will make it go away.

I am not going to pay a lawyer.

Any suggestions, would be GREATLY APPRECIATED!

It all depends on what state you are in. What you need to do is find out your states laws regarding the timefram for getting a judgement set aside. If your state does indeed say that after 30 days a judgement cannot be set aside, then you are probably screwed but I strongly suspect that is not the case.

If you are still within the timeframe to have the judgement set aside, you probably stand a good chance of an improper service defence if you can prove they intentionally attempted service at an invalid address.



I am not an attorney...take what I say as a starting point and do your own research.