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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28371
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My brother is going to court this morning he is being sued

Customer Question

My brother is going to court this morning he is being sued by Capitol One. They never served him papers, they kept serving our elderly parents at a different address from his. He had made several attempts via phone to try and lower his payments or make a settlement to no avail when he lost his business. It was then turned over to a lawyer and they were absolutely horrible to him and wouldn't even speak with him. Any quick advice for him?
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I am sorry to hear about the situation and understand what your brother is going through. First off, he may have a legal basis to file a motion to quash service of process, if it was ineffective. If he was never personally served and your parents were served at an address where he does not reside, there could be an issue and the Judge may not allow the case to process. They would first have to find and serve him. If he wanted to challenge this, he could always ask for a continuance and advise the Judge of the situation, asking for time to file a motion himself or retain counsel. While it would not result in Capitol One being prevented from collecting and proceeding, it would give him additional time. Another option this morning would be to ask the Judge to send the case to mediation. He can advise the Judge that he would like to try and resolve this and be given a chance to present options to the plaintiff to consider. Moreover, he has every legal right to contest this and could file a response/answer if needed and raise any legal defenses that he may have. The goal here is to try and either prevent the plaintiff from collecting based upon a legal basis or to try and negotiate a settlement, whereby he pays less then what is owed and works out a payment plan or lump sum payment option, to resolve this. Your brother can advise the attorney for the plaintiff and the Judge about the good faith efforts he has made to resolve this and explain that Capital One has acted in bad faith, failing to communicate and respond to him.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  LegalKnowledge replied 4 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.
Yes, finally I did thank you. I was trying to send you a quick follow-up question but now that won't go through.
I was asking what is a second call? My brother was in court at 9:30 and the lawyer wasn't there. They told my brother to come back at 10:30 for a second call. I don't understand, they want money from him yet they are making him miss more work by giving the lawyer a 2nd call.
Expert:  LegalKnowledge replied 4 years ago.
Sorry for the problems you are having with the site. They are out of my direct control but I will report them for you as well. The second call allows for the attorney to appear, in the event that they were running late or tied up in another court room, not able to appear at 930am. The Judge went through the docket and likely called all parties that were present, handling their case. At 1030, the Judge will go back again, before taking any action. If the attorney is still not present, your brother could address the issue with missing work and ask that the claim be dismissed or in the alternative, the plaintiff compensate him for his missed time, as a result of failing to appear for a hearing on a lawsuit which THEY filed.