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About John Hall
Expertise
Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and 13 of the United States Bankruptcy Code) primarily representing individual debtors with consumer debt or small businesses; Experience has included all aspects of debtor/creditor relations.

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FREE BANKRUPTCY HELP. If you are being sued, if your home is being foreclosed, or if you are being harassed by bill collectors, filing for bankruptcy may be a quick and inexpensive solution.. The mere filing of a bankruptcy will operate as a federal court order (it is called an automatic stay) to stop all bill collection efforts, including lawsuits that are pending or ongoing. Bankruptcy is a legitimate way to meet your problems with debt head-on. The bankruptcy law is designed to give you a second chance to make a new start without the psychological and financial burden of pressing debts that you are unable to pay. Depending on what state you live in and what your assets are, it is very unlikely that you are going to have to lose anything if you file for bankruptcy, and this is something that you can do immediately without having to pay the $500 to $1,500 attorney fees that most attorneys charge. Also, you might be surprised that you can file for bankruptcy and that it will not have the devastating effect on your credit that most bill collectors describe. Life is too short to have all this anxiety over losing your car through repossession, getting evicted from your home, or losing your home through foreclosure. Bankruptcy law was designed to give you a second chance. I will not charge you just to talk on the phone. Call me at 432 853-5711, or send me an email at j_h14@hotmail.com with your telephone number, and I will call you back.
 
   

You are here:  Experts > Shopping > Credit/Debt Management > Creditors and Bankruptcy > being sued by capital one

Creditors and Bankruptcy - being sued by capital one


Expert: John Hall - 3/31/2007

Question
A lawsuit has been filed against me by cap. one for a old cc debt in Georgia.  It was charged off in 2002.  I believe the sol is 4 years so it should have expired.  A marshall left a notice that they tried to serve me on the front door of my apt. building, but I have not been served personally.  I can't afford a lawyer to fight this.  My question is can I fight this in court myself number one and secondly, if I avoid being served can they still get a judgement against me?  Thank you

Answer
The answers to your questions are yes, you can handle this yourself (but you have to do it right or you will have waived your statute of limitation defense), and yes, if you avoid service they will be able to get a judgment anyway, either by service by publication or by just lying and saying you were served when you were not.    It doesn’t do you much good to avoid the process server.   Call the marshal and get the papers and defend yourself.   If you call me I can explain your options in more detail.  

This would be a lot easier to talk about on the telephone.  Call me if you like today (Sunday) or this week anytime you want.   432  853-5711  I will not charge you just to talk on the phone and we can then discuss your present options in more detail.   If you decide to call, I look forward to hearing from you.


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