Being Sued by Capital One
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Posted by Anon
(69.242.130.171) on August 22, 2004 at 11:55:54:
Hi, I live in Missouri. My husband received a summons to appear in court. Supposedly, he is being sued by Capital One but at the bottom of the summons it says that this communication is from a debt collector and is an attempt to collect a debt. Also, there is some mention of this being an alias summons. So, who is really suing him? If it's not Capital One, is there some way to get out of paying them? We received the summons on August 15 and the court date is August 25. I contacted an attorney who told me that my husband should ask for the case to be postponed and not answer any questions - say that he needs to speak with his attorney first. The attorney said that we will need to give her a $200 retainer fee which will go towards whatever happens next. We don't really have the money to pay her or to work out a settlement and we definitely don't want my husband's paycheck garnished. I really don't want to file bankruptcy just because of this lawsuit. I have been reading a lot and trying to learn the best way to handle this situation. It seems there are many options and I don't know the best one. I would appreciate any help from someone who has been through this before or has experience with Missouri courts. Thanks.
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