Capital One Default Judgement

This is a discussion on Capital One Default Judgement within the Small Claims Courts forum, part of the Civil Litigation category; We have a default judgement, I am wondering what my options are. They tried to sue me 2 times now, ...

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Old Jun 23rd, 2008, 08:43 AM   #1

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Confused 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!
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Old Jun 23rd, 2008, 05:31 PM   #2

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Default Re: Capital One Default Judgement

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.
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