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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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Hi My wife was served papers by the sheriff a couple days

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Hi
My wife was served papers by the sheriff a couple days ago when I was home and she was not. He had me sign for them and they were from a law office representing Cap One. CC. The amount owed on the complaint is $2,300 dollars. The amount last owed before late fees etc. Was about $1,600 or a bit less. The last payment was about 8-9 months ago. The Complaint Shows Plaintiffs address as CAP ONE Richmond, VA and Shows Plaintiffs Attorney as a Local Attorney in the Next County. It is a Statement of Claim in Small Claims Court. The Small Claim Summons Says Capital One Bank NAV (Her Name) and it has a case # XXXXX it.

She had a job when the card was issued a 15 years ago and currently does not have a job. What are the options at this time?

It says she can :
A. Have case moved to different county.
B. Admit that all the debt was hers and not have to go to trial.
C. Claim Part of the debt was hers but not all of it.
D. Claim that none of it was her debt.

Is this something that can possibly be negotiated and payed off for less than in full? And how does she respond to this claim.

Thanks.

Chris T., JD :

Good evening. I'll be assisting you with your question.

Customer:

 


Also I need to know if there is any risk to Real Property She has 2 autos in her name one paid for worth about $2200.00 and one not paid off balance is $9K its worth about $10K

Chris T., JD :

As far as the first question, the only way you can have the case moved is if there is a valid legal reason for doing so, such as it was filed in the wrong county (which it sounds like it was not), or doing it in the county you are in would be unfair for some reason.

Chris T., JD :

In other words, you can't just move it without a reason for doing so.

Customer:

It was filed one county over but thats not a big deal

Chris T., JD :

She can admit the debt is hers, and negotiate e a settlement. In fact, that's how most cases are settled, as opposed to a trial.

Customer:

What are the usual % they will settle for?

Chris T., JD :

There really isn't a set amount. I'd start with half of the original debt, and then work your way from there. At a minimum, they should back off of the fees and penalties.

Customer:

So is her perosnal (Real) property (autos) in danger of getting into this?

Chris T., JD :

Assuming it is her card, she can't really claim part of the debt. Either it is her card or it isn't. If it is, the whole debt is hers. If it isn't her card, none of the debt is hers.

Customer:

So would she admit all the debt is hers or go with part of it with regard to the fees

Customer:

It is her card

Chris T., JD :

They could file liens on her property, so, yes in theory, her home and property could be brought into this.

Chris T., JD :

If it is her card, it is difficult to argue the debt is not hers, absent some sort of fraud.

Chris T., JD :

You have to assume that at trial they will prove it is her card, and make her liable.

Customer:

So she should respond: Admit the debt is hers and then wait for them to contact her or in that same envelope should she offer a settlement

Chris T., JD :

No, they will not necessarily offer a settlement. She should contact the law firm and tell them that she wants to negotiate a settlement.

Customer:

Ok But what about the papers the sheriff served it said you have to respond within 14 days to clerk

Chris T., JD :

She needs to contact the law firm. They can withdraw the lawsuit. However, if she doesn't or they don't want to negoiate with her, she will have to file a response. If she has to file a response she should file a general denial (where she denies every allegation against her).

Chris T., JD :

If she has to go to trial, she should make them prove everything.

Customer:

By proving everything what does that mean

Chris T., JD :

If she has to go to trial, she should not make any admissions and make them prove it is her debt, that she hasn't paid, etc.

Customer:

if she has to file a response she should file a general denial - Is that a form

Chris T., JD :

There are general denial forms. You can check with your small claims court and see if they have one. If not, you can always take one of these and adapt it to your case.

Customer:

Ok so for starters she should contact the lawfirm and try to reach a settlement

Chris T., JD :

Yes, that should be her first step.

Customer:

ok thanks

Chris T., JD :

Glad to help.

Chris T., JD :

If I can't do anything else for you, please remember to "rate" my answer before you go.

Customer:

ok will do

Chris T., JD :

Have a great day.

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