Trouble with Capital One Advice
We received summons from Capital One, I work in Louisiana but live in Mississippi. How does that work?
My husband has a Capital One credit card that we have not been able to make payments on in a while. It has been turned over to an attorney. They sent a summons to where I work. We were having mail sent there. I work in Louisiana but we live in Mississippi. The summons was through the Louisiana court system. How will that work? I sent them a debt validation letter and they sent back a letter offering a settlement. I called them on my husbands behalf and they offered 2 payments of $1072 to pay it off. If we had that kind of money we would have already paid the card off. What can we do? Do not want them to continue with filing the judgment.
Whether or not the lawsuit filed against your husband by Capital One is valid depends on the jurisdiction of the Louisiana courts over the dispute. The fact that you have your mail sent to your office in Louisiana does not necessarily give the courts in that state jurisdiction over the lawsuit filed against your husband. On the other hand, if your husband lived in Louisiana at the time he opened or used the credit card, LA may be able to assert jurisdiction over the case, though if he did not live in LA when he opened the card, MS is probably the appropriate jurisdiction. You may be able to successfully pursue a motion to dismiss the lawsuit if it was not filed in the correct jurisdiction. I strongly encourage you to consult with an attorney licensed in Louisiana for advice regarding the validity of the current lawsuit and what steps you can take to prevent the suit from proceeding to judgment.
If the court in LA determines that it does have jurisdiction over this case, or if your husband fails to raise the issue, the creditor may be awarded a judgment against your husband if it can prove that he owes what is alleged; or if your husband fails to defend himself against the creditor's claims, the court is likely to enter a judgment against your husband for the amount claimed by the creditor. Once it obtains a judgment in LA, the creditor execute against any non-exempt property which your husband owns in LA. It can also seek to domesticate its LA judgment in your local MS courts, which would allow it to enforce the judgment against your husband's assets in MS, though this procedure is not used frequently in debt collection cases.
The easiest option to resolve this obligation may be to contact the creditor's attorney to try to negotiate an affordable repayment plan, though you will want a commitment from the creditor in writing to cease any judgment enforcement action against your husband as long as your payments are made in a timely manner. If the creditor refuses to negotiate with you, your husband way want to consider filing for bankruptcy protection, especially if he has other debts which he can discharge in Chapter 7; the amount of this debt is probably too small to justify bankruptcy unless he has other debts to include. To read more about bankruptcy, you can visit www.bills.com/bankruptcy. Again, you should consult with an attorney about this lawsuit, especially if your husband is considering filing for bankruptcy protection.
I wish you and your husband the best of luck in resolving this lawsuit, and hope that the information I have provided helps you Find. Learn. Save.