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Nelson & Kennard filed a lawsuit against us for a debt with Capital One. We have not received filing papers from them.

Torrance, CA |

We received a letter from a financial services company that stated a lawsuit was filed against us. I checked on the LASuperiorcourt.org website, paid $4.75 to see if one existed. One was filed just 5 days ago. The lawsuit is called Collections Case (limited justisdiction). With a future hearing on 10/17/2012(collections-proof of service). We have not received a summons.

How do I proceed? And should I contact that financial services. They say they are not a collections agency, they service the public/not the creditors, and they specialize in out of court arrangements.

Attorney Answers 3

Posted

Nelson & Kennard files a lot of creditor lawsuits all over California. They are good at what they do. Eventually a process server will get around to serving the lawsuit on you. The hearing set for 10/17/2012 is set automatically by the court staff for the single purpose of proof of service, if the lawsuit is not served by the hearing date, the court will probably give them a short period of additional time to serve you or dismiss the case. When you are served a thirty day clock starts to run. If you don’t answer the lawsuit the Plaintiff is entitled to ask for a default judgment. If they get a default judgment they can use that to attempt collection, garnish wages and file liens. DO NOT LET THEM GET A DEFAULT. You have about four choices 1) answer the lawsuit, but you probably don’t have any defense, 2) pay what you owe, 3) settle; call Nelson and Kennard and speak with the attorney who has your case, they will do a reasonable (their point of view) settlement; or 4) file for bankruptcy. You should consult with an attorney about bankruptcy.

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Posted

I have a couple of questions regarding your answer, which I find to be very thorough, thank you. 1. Have you ever heard of a court that did dismiss a case. 2. If we contact Nelson & Kennard before being served, does that stop them from trying to sue us. And do we have to have a large amount of deposit money to make payments? 3. If we cannot afford to make payments, how much does it cost to file bankruptcy. And if we file bankruptcy, will we have to pay back our total debt?

Larry Dale Webb

Larry Dale Webb

Posted

1. I’m not sure I understand your question. If you are asking about a State Court dismissing a case after filing bankruptcy; if your bankruptcy is successful the State court action is dismissed. Federal trumps State. Some state court judges wait until your bankruptcy case is discharged. 2. If the case is filed, you are being sued. Service is only a matter of time. The deal you make depends on the lender, your history, the amount you owe, etc. 3. If you file a Chapter 7, you will pay nothing on your unsecured debts. The attorney fee for bankruptcy depends on the complexity of your case. Bankruptcy is not simply filling out a few forms and erasing your debt. Bankruptcy is a once in a lifetime reboot of your financial life. A competent attorney will spend several hours working on your case, you get what you pay for so know what you are getting. You do not need an attorney to file bankruptcy. Several courts have self help programs. Court filing fee is $306.00 and you have to take a credit counseling course about $25.00 online.

Posted

I think what you received was a solicitation letter from a law firm who desires to defend you in the collections lawsuit which was recently filed against you.

If I were you, I would not contact that company. You are better off either defending (or settling) the lawsuit with an attorney of your choice, or even on your own.

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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Posted

They will be serving you with the summons and complaint.

I have handled cases against Nelson and Kennard.

How much are you being sued for?

Kevin Sullivan
415-441-1052.

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Asker

Posted

We don't know how much it is because we have not received any information on the credit card account. My husband likes Capital One, but this card was originally a $4400 card. We think with all of the late fees/over limit fees it is somewhere around $7000 to $8000.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

You also have attorney fees and court costs along with prejudgment interest. I can talk to you if you cal me at 415-441-1052.

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