Legal Question in Credit and Debt Law in Massachusetts
a summons from capital one was sent to my parents address in massachusetts and i dont not currently live there the summons was dated for feb 11 2010 but didnt dont arrive at my parents house until march 22 2010 (not certified mail) and the court date was scheduled for march 19th so obviously i was unable to make it to the small claims court and then the judgement was mailed out march 22 and was recieved at my parents house on march 24. what do i do? how can i appeal this? who do i get incontact with? i wasnt even given a far chance to be able to settle with the attorney with the collections agency representing capital one
2 Answers from Attorneys
At this point, you don't want to appeal. What you should do is hire an attorney to file a Motion to Vacate the Default Judgment. If an attorney is able to 're-open' the case against you, then you will have an opportunity to challenge the evidence presented by the debt collector and negotiate a favorable settlement of the alleged debt.
Please feel free to contact my office if I can be of any further assistance.
I would go even further than Mr. Vaughn Martel. Where did you sign up for the credit card with Capital One? Many lenders engage in abusive practices, and the facts you describe may entitle you to bring suit against Capital One yourself.
If you are interested in suing Capital One back, call me - I should be able to deduce during the course of our conversation whether you have a claim: 617-230-2779
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