Chicago, IL asked in Collections for Missouri

Q: I've found out I'm being sued by Capital one bank.. The pretrial conference is 2 weeks away but i haven't been served

What should I do?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Collections Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: It would be irresponsible for someone on Justia to tell you what you should do, because we don’t know all of the facts and an attorney shouldn’t advise a non-client. Here are factors you may consider in deciding what to do.

1. How much money is at stake and does it make financial sense to hire an attorney?

2. Whether to show up at court without having been served. On one hand, if you don’t get served, then a default shouldn’t be entered. The plaintiff will then request a new summons. If you lose, the sheriff’s fees will be added to the judgment as “costs.” If your credIt card agreement includes an attorneys’ fee provision (highly likely), if you lose the opposing attorney’s fees will be added to the judgment

3. Depending on the amount at issue and your financial situation, perhaps consult with a bankruptcy attorney.

4. Are you married and, if so, is your spouse being sued?

5. Might you be able to negotiate a settlement with the plaintiff?

6. If you don’t waive service and show up voluntarily, will you likely get served during the next go-around?

7. If you don’t show up because you haven’t been served, is there’s a possibility the plaintiff will claim otherwise, such as if a family member was served and didn’t tell you?

As you can see, there’s no standard answer that applies to everyone.

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