Sued by Javitch, Block, & Rathbone for Capital One

My husband was also sued by them. They do not mess around. Make sure that you answer the summons so they don't get a default judgement against you. When you go to court, ask to make payment arrangements. They are pretty easy to make arrangements with. We were paying them $50 on a $2000 balance and they never gave us a hard time about it.

Fill out the summons & make sure you submit it in time. I don't know if you could contact the lawyers directly & work out something before court?

I'm glad to hear that arrangements can be made. I'm just waiting and holding my breath each and everyday for a summons. I have so much out there that I still have to take care of. Luckily, if I can hang in there until the end of the year, I will be in a position to start making settlement offers. If you don't mind me asking, how far delinquent were you before getting a summons?

Eleroo, if I may ask, how behind are you on payments? I'm just hitting the 90 day mark & worried!

lawn, I believe that after a summons is issued, you need to go thru the courts. The summons was already served, they can not call the lawyers at this point . It is now up to the court

You can call the atty's at any time! Doesn't mean they'll settle but u can try. I settled with them on a Friday and the court date for garnishment was on the Monday....
Ang

Just curious, I see posts like this all the time. Did any of you guys use a debt settlement program before getting summoned? If Capital One, or any other creditor for that matter, agrees to a payment arrangement in court, in would only make sense that they would have already agreed to one prior to court?
Eleroo, you are hoping for a summons? Does that mean to say you want to go to court so you can get this over with? Or are you not in a position yet to go into a debt settlement program, but you will be able to make payments later? Sorry, not meaning to get personal, just confused about this.
By the way, I wish all of you the best of luck with this.

Sub who knows why CA's do the things they do?!?! SURELY NOT me! ;)
When i was first turned over to an atty's office i immediately called them and wanted to settle this with them, they refused. I tried 4 or 5 times after being refused every time. Then 2 days before last court date of garnishment they accepted settlement on the same offer i made them the very first time i talked to them!
So who knows!!
Ang

Sub, there have been numerous cases where a creditor would not agree to a pay plan. That is why the summons was issued. In court the however they finally agreed to the pay plan, because the judge ruled it was the only way some one could pay the debt. It makes no sense really. It would be a whole lot easier if they just agreed to the plan in the first place.

There was NO judge involved with me, they just agreed!
I'll never get it... Seems they could've made more $$ had they settled first time i offered before any court dates or filing fees...
:?:
Ang

Like I said, these lawyers were really easy for us to work with. Just keep your word if you do make payment arrangements because they do not mess around and will try to garnish your wages if you do not pay them. We weren't smart and didn't answer the summons so they got a default judgement but if you answer it that will make things easier on you.

They are being absolutely awful with me. I answered teh summons and responded to everything that was filed with the court. I appeared in court and the judge did award the summary judgment, but said I could offer a settlement proposal. The Javitch attorney and I discussed my proposal and she said she felt certain the creditor would accept. I told her I wanted to pay off the debt in two payments with the first of the two being made immediately. She took my phone number and said she would take this proposal back and someone would be in contact with me in the next couple of days.

It has been over 2 weeks now and they are refusing to speak to me. Someone from their main office called to verify my employment this past Monday and asked for the payroll address in case there were "payroll issues" in the future. WTH? I am offering to pay and they are just ignoring me.

Obviously, I do not want them to garnish my wages, but why would they rather use that means than get the money now?

I consulted an attorney and he simply stated that they are going to garnish me for 25% after taxes and do not have to accept payments. Said he might be able to help me and could see if they would accept payments and wanted to know what my settlement proposal was. Said he would require $300 and all supporting documents to review.

Why does this have to be so complicated???? The whole point was to get me to pay the debt. I am offering to do it and it's getting me nowhere. I was told to get written confirmation of the payment arrangement to pay off the debt before I submit any money, which is why I haven't sent anything yet.

Anyone else experience anything like this?

these people do no care about others finacial problems they just adding to it... im in $3000 dept and they are not accepting no type of payments plan.
i call them time to time and they do nothing but argue with me.. make me feel worthless... they offer no help on the issue,,, i can not get a loan to pay them... and im finding it really hard to gather the whole lump sum so i need some type of payment plan!

You can send them whatever you can afford to pay, they have to accept it. Just make sure you send your payments by money order, USPS certified mail, return receipt request. Does anything look funny about the debt though? Such as the amount? If so I would suggest sending them a debt validation letter (you can find a template via my signature) which should also be sent certified mail, return receipt requested.

Keep us posted, if you need any additional help or have any more questions please feel free to ask.

I just recieved a summons today from this attorneys office on behalf of capital one. My balance is only $596 and some change...i'm worried that if i have to go to court or if i ignore the summons and don't go to court, that i'm gonna end up owing thousands? is that true or do i only owe the amount listed in the summons? i don't even know what it means to answer the summons, as far as what i am supposed to say. Do i need to speak with a lawyer? If i answer and have the $596 on to the lawyers before a court date will i still need to go? I live in ohio, if my wages are garnished do you know how much it will be for? Advice please....

Make sure that you appear in court or they will get a default judgement. what state are you in and when is the last time that you made a payment?

i think it was in april 2008. my balance listed in the summons is only $596 AND SOME CHANGE.

This attorney takes ALOT of people to court on behalf of debt Buyers like Midland Funding, LLC> Midland buys alot of OLD debt, because it only costs them pennies on the dollar. Make sure that the debt they are trying to get you to pay is not past the statute of limitations. They will not tell you that. They only want you to pay them money. If the debt is past the statute of limitations and you make a payment, then SOL is started all over again. I have a very old credit card debt that is now over 3 years past the SOL, however, Midland has bought the debt and is trying, thru Javitch Block and Rathbone, to get me to pay it, even though it is not a collectable debt. I know this and so do they. I am waiting for a summons to court, so I can get it dismissed by telling the judge the debt is way past the SOL. I have recorded conversations with a rep from JB&R, and it will help me to tell the judge that the attorney not only knew the debt was past the SOL< but also that my only income is social security and I was told by their rep that they will take it anyway. I have 2 letters from them so far that violate the FDCPA, too. I would watch out for them. Make sure you send them a validation letter. They have to validate the debt they say you owe with original documentation from the original creditor. If you know the debt is NOT past the statute of Limitations (check in your state), then they may have a viable reason to take you to court. What company do they represent? Check that out too. Do a search on the internet for the name of the company. Debt buyers, collection agencies and their attorneys all work together to get money. Make sure that they are on the up and up. JB&R has alot of cases that you can see here online about people that they took to court, who then brought THEM to court for many violations. Check them out.
Good Luck
Debbie

this is an old thrad but I will say that Cap1 does have long term payment options available to most customers. usually about 2% of your balance a month 1.8 is what they generally will take from debt consolidators (don't know about settlements)most consolidators charge a fee...plus the phone calls don't stop till an agreement is reached

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NASCAR - what are the 17 states that the SOL does not reset or where can I find that information?

Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconsin

NASCAR - Thank You! I am in Kansas and that is GREAT to know.

596 and change? Call them and try to settle. If they garnish you it wont be much becasue you dont owe much. You wont owe thousands if you dont go to court. You would be liable for filing fees and court costs but it wont be thousands. I am sure you wont have to pay a thousand.

re: getthefacts!, if it's an attorney threatening to take your Social Security benefits, this is what I would tell the bozo: "Just try it and I will file a complaint with the state bar association and see to it that you get disbarred."

I'd like to see more of these sleazy collection lawyers get disbarred. It's what they deserve.

i like it.my friend. :D 8)

Be careful with Javitch Block. I just caught them in a fraudulent scheme against me. They called saying they had one of my accounts - I settled with them and sent them $1,500. The next day I got a call from that actual credit card company and they told me that Javitch did not have the account and they were willing to settle with me for 50% of the bill rather than the 75% that Javitch stated. It has been a week since Javitch took my money out of my account and they are suppose to be putting the money back into my account any day now. If not, I will escalate to a fraud lawsuit against them. I have turned in reports to the FTC and BBB. Verify, verify, verify. This so called law firm obviously does not work on the up and up!

Yeah, these people are bad news. In Miller vs JBR et al, JBR had the temerity to argue in a Court of Law that the FDCPA is unconstitutional! The US Gov't had to Intervene and defend the FDCPA!

i recieved a certified letter as well called them the day of recieving the letter and set up a payment arrangement. but today recieved a letter of judgment against me. i called their office and she has not returned my call. can they still do that after i made arrangments and payed my first installment

Call your county courthouse and verify that it is a real judgment. Did you go to court?

Javitch Block are the worst, be careful. They will get everything you have, they charge interest on to of interest, etc. You will be paying for life. If you owe 5,000 you will be paying back at least 10,000-15,000.! Try and settle in Court. Also, they don't return calls or help at all.

Ok so you say you are Social Security. That's great and very understandable... but the reason why the collector you were speaking to say they will take it is because you must prove you are on the Social Security. They won't tell you that, because they cannot, because most of them are not attorneys and that could be seen as providing legal advise

As for the person that made a payment then got the judgment paperwork in the mail. Did you sign an agreement or was it an agreement by word of mouth? If it was word of mouth, a pending suit could have been out there already and they are not necessarily required to tell you that. Are you sure what you received was not a Consent Judgment Entry? Did you have to sign and return it to Javitch?

As for the fraud person. The client can pull their work at any time. So more than likely if you show proof you paid it and a copy of the cashed check, get that to them to review.

As for the interest. Its either the interest that you signed up for in the print of your credit card agreement including default interest or its the interest rate the Judge awarded. Who are you to argue with the court?

Its all about paperwork in this business... if you made a payment and they don't have it posted, show them proof. If the SOL is dead, don't wait til court, what if you are wrong? Prove it to them before hand, it will save you time, etc.

go anyway to court, be sure your bases are covered

Im dealing with these people right now....I have only talked to one nice person since last week when they started calling...I havent had a hard time with them like I thought I would...They verified the debt which is still valid since Im in Ohio and the SOL are not dead....I settled with them the day after they received my file...I would advise though to call your original creditor to make sure that they gave this law firm your debt....I had debt with GE money and they verified they sold it to them....Just settle to stay out of court...They wouldnt offer anything longer than 3 months to settle or pay in full.....

These people are total ass holes. They are garnishing my check because one of my many payments was returned. I was out of state trying to settle my fathers estate and didn't even know the check was returned. Nice, no, they are not one bit nice. They are bastards. Now 75% of my check will be garnished. They say its not their problem. If I loose my job and home, it will be there problem.

JB&R are nothing but lying scum suckers. They took me to court after I had worked out a reasonable payment plan with Freedom Debt Relief and garnished my wages. I eventually had to file a chapter 13 because they took well over what I could afford to pay per month.

They will lie and harass your family, work and friends to find you.

One example of lying to me.....they told me that a message was left on my voicemail at work for me and I don't even have voicemail at work!

They are bottom feeders.

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I received a letter in July from Javitch. I tried to make payment arrangements, they would not respond to my repeated inquiries. I tried to make three partial payments, they returned everyone uncashed. I proposed a payment plan, asked for a counter offer, asked if they still owned the capital one debt after another company sent me a letter, and so forth. They never replied, never contacted me. They ignored me and then filed a motion to garnish my wages. I am seeing a bankruptcy lawyer. They would rather you file bankruptcy than make payment arrangements. If they own a debt of yours, don't mess around, contact a bankruptcy lawyer ASAP.

I just received a motion for judgement from Javitch, set for December 15. I had responded within my 20 days when they sent me an intent to get a judgement. I sent them an offer to settle the debt that I found on this website, and now that is what they are using against me to prove that I owe the debt. I don't dispute that I owe the debt, but my husband has had some health-related issues that have made it impossible for me to pay on it. I really can't afford an attorney to help with this. Does anyone have any advice for me?

What state are you in and when was the last time a payment was made?

Unless the agreement was signed, it is not binding. You will need to call the court to see if in fact a suit was filed against you. If there was then you need to respond to the summons and neither confirm nor deny the debt. Just them showing up in court is not proof enough. In court things work different and you can request, signed contracts, account statements, payment history and such. Any reputable judge would not grant a judgment against someone if the plaintiff does not possess copies of some papers proving you owe the money.

I live in Kentucky so the statute of limitations is 5 years. There's been no activity on the account for about a year. I will call the court to check if they have filed suit. I really wish they would accept an offer, but it looks like they are going to be harder to deal with that I had hoped. Thank you for your reply! I really appreciate it. I have never been in this situation before, and my husband was injured and lost his job around the same time, so he didn't have health insurance. It's just been a rough year financially. Thanks again for your help!

I have contacted the district court office and verified that a suit was filed against me. Do you think there is any point in trying to make another offer, or should I just wait to show up in court? Thanks!

how long is it after a suit is filed against you that you would have to go to court. i am filing bankruptcy after i get my tax refund so i am trying to figure out what kind of time i have.

You will owe thousands... they are blood hounds and vicious people. by the time they get done with you , you will have nothing.... Get a good attorney of your own.

I owe at least 200,000.00 in lines of credit and credit cards i just got my first summons the post office sent it back refused because i did not pick it up. I can not pay all this back i had some wanting to settle and chase filed for a judgment so what now i,ll wait.

i have a capital one LOAN. My husband is self employed and was just injured and not able to work. We have very little money coming in. I keep sending payments here and there but they tack on a service charge everymonth!. We've tried calling them as well and they won't do refi so we can have smaller payments! They have no suggestions.

is that they won't settle for what has already been paid towards the debit. When you are in deep sh** and have had your hours cut at work which means less money coming in. They tell you the "client" capt one will only settle for 75% of the balance still owed. That is poppie cock if you ask me, damn it with this ecomony being so freakin screwed up and jobs being very limited in Ohio. Need I say more????

My problem is I need to either call the State Attorney Generals office or find and attorney that will go to bat for me that won't kill me in fee's to get these bastards off my back.

Now having been diagnosed with a long term illness and needing medical care. There goes the $$ to pay anything extra such as these blood suckers.

Signed
Beyond Angry

tHESE PEOPLE ARE A BUNCH OF YOU CAN JUST THINK HOW I WANT TO SAY BUT CAN'T!
DO NOT TRUST ANY OF THEM FROM THAT LAW FIRM. THEY WILL NOT DEAL STRAIGHT UP, TRIED TO DEAL WITH THEM THOUGH A DEBT AGENCY AND THEY STILL WOULD NOT SETTLE AND NOW IT IS OVER AND THEY ARE GIVING ME A HARD TIME ABOUT A SIMPLE LETTE TO CANCEL A LIEN ON OUR HOME!!!!!!!!!!IF I COULD WOULD LIKE TO GET THE ONE I DEALT WITH IN A RING FOR JUST FIVE MINUTES YEA! TEACH HIM SOME MANNERS!

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