CA trying to issue me summons but I moved

Submitted by Anonymous (not verified) on Wed, 05/05/2010 - 04:13
Forums
Credit repair

I was hoping someone can help me on this one. I had a Capital One CC that I lost a handle of due to losing my job and stopped paying about a year ago on my maxed out balance of around $1500. I opened this card online while living in AZ. I received a letter from Gurstel Staloch & Chargo a few months back that had been forwarded to me from AZ to my new residence of NJ, stating that Capital One retained them to collect this debt against me. The amount they claim is about $800 higher then last that I knew owed. The letter is dated from over 6 months ago and I have not responded. The person now residing where I used to live in AZ said a guy came to the door asking for me to serve me a summons. I can only imagine it would be for this. These are my questions:
1. I am able to make partial payments now to pay off the debt, but is it too late? Should I make payments to the CC or CA?
2.Since now I am living in NJ will the summons ever get to me since the person serving the summons does not know where I live? Should i call A court Clerk from the jurisdiction of where I used to live?
3. If I do get the summons, would I actually have to fly to AZ from NJ for filing the summons and court cases?
4. If I never get the summons would they claim they could not locate me and have a judgement against me or garnish my wages without me knowing?

What are my best options with this situation? I'd like to just pay off my debt of $1600 in partial payments without the CA interest fees and court costs!

Thanks so much for your time and suggestions!

cinnamngrl

this case is being file in Arizona. You will have to fight there. A CA should file where you live but they were unaware of the new address.

Call the AZ court and find out as much as you can about the status. if this happened recently then you will be able to file a written response. they will accept a payment plan but will probably go forward with the judgment any way. I would contact the CA and see if you can work something out. If at all possible attend court. claim bad jurisdiction. they can refile in CA.

Wed, 05/05/2010 - 11:11 Permalink
Aaron

Hi KevinN,

Though the summons may not get to you, they will be able to win a default judgment against you. What you can do is talk to the collection agency and see if they agree to a settlement offer.

As for the place, as you had incurred the debt in Arizona, and the summons have been served from Arizona, you need to appear in the Arizona court for the summons and the filings.

Thanks,

Aaron

Thu, 05/06/2010 - 07:52 Permalink
Maria Del Carmen (not verified)

I don't understand why with this economic crisis they are pushing to hard to get money from the consumers. Years ago if you didn't pay it will be in your credit report for 7 years and...good bye debt.

Thu, 06/10/2010 - 15:32 Permalink
Aaron

Hi Maria,

We as consumers want the creditors, and collection agencies to follow rules while collecting the debt. So, as consumers we too are supposed to follow the rules. Moreover, if you are talking about economic crisis, the creditors too are badly affected by it :) if you miss the payments the negative information will be there on your credit report for 7 years.

Thanks,

Aaron

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