Ask Experts Questions for FREE Help!
Ask    ||    Answer
 
Advanced  
 

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Small Claims   »   Capital One suing me

 
Thread Tools Search this Thread Display Modes
Question
 
 
#1  
Old Nov 14, 2007, 03:37 AM
angel3_27
New Member
angel3_27 is offline
 
Join Date: Nov 2007
Posts: 3
angel3_27 See this member's comment history on his/her Profile page.
Capital One suing me

In a nutshell:
I have a debt of nearly $6.5K on a Capital One credit card. Recently, I have become unable to work due to medical problems, so I have not been able to pay them. I received a court summons last week. It is impossible for me to drive to court because I do not own a car and have no license. There is no one who can drive me that far. I do not own a home. What can they do and what are my options?

Reply With Quote
 
     

Answers
 
 
Old Nov 14, 2007, 04:24 AM   #2  
New Member
angel3_27 is offline
 
Join Date: Nov 2007
Posts: 3
angel3_27 See this member's comment history on his/her Profile page.
My sister just decided a few minutes ago that it is an absolute FACT that they CAN send me to jail for this.
  Reply With Quote
 
     
 
 
Old Nov 14, 2007, 06:06 AM   #3  
Expert
excon is offline
 
excon's Avatar
 
Join Date: Aug 2005
Location: On the outside
Posts: 13,247
excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.
Hello angel:

Sorry (actually, I'm not sorry because the information I have is GOOD NEWS for you), but your sister is wrong. We got rid of debtor’s prison a long time ago. Plus, if you have no job or no bank accounts, you're considered judgment proof, and they can't get ANYTHING from you. They're not dumb. They probably know that too. If they don't, I'd certainly tell 'em. Send them a letter. Send it certified, return receipt requested.

excon
  Reply With Quote
 
     
 
 
Old Nov 14, 2007, 06:15 AM   #4  
Computer Expert and Renaissance Man
ScottGem is offline
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 33,652
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
If you don't appear at the court hearing they will be awarded a default judgement against you. But, it sounds like you don't have a case to prevent them getting a judgement anyway.

As for your sister, tell her this is the 21st century, not the 19th. Debtor's prison was abolished during the 19th century.

Once they obtain a judgement, they can use it to attach any assets you have. This would include bank accounts, some investments, salary, etc. They cannot attach disability payments. If you have no savings and the only thing going into your bank account is disability, you can file a letter with your bank informing them of the source of the deposits and to ignore any attempt to attach the account.

The collector filing suit may or may not know of your situation. So you want to make sure to inform them. But they may be filing suit for future reference. A judgement generally lasts 10 year and can be renewed. So if you every get back on your feet and start working they can move right in and garnish your salary.
  Reply With Quote
 
     
 
 
Old Nov 14, 2007, 03:21 PM   #5  
New Member
angel3_27 is offline
 
Join Date: Nov 2007
Posts: 3
angel3_27 See this member's comment history on his/her Profile page.
Thank you so much for your replies. They were extremely helpful and reassuring. My sister talked to someone about my medical records and they said they can help me if I will just fill out some release forms. Sister said they told her the same thing I told her (and you both confirmed) about debtors’ prison. She admitted that I had indeed been right in the first place (wonder of wonders – she hates to be wrong and will say just about anything to make her side sound plausible… can’t let “little sister” be right).

angel
  Reply With Quote
 
     

Your Answer
Email me when someone replies to my answer
Join Login





Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

 
Similar Sponsors


Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page

Similar Threads
Paid-in Capital Earned Capital
(0 replies)
paid in capital vs earned capital
(0 replies)
paid in capital and earned capital
(0 replies)
Capital Budgeting and opportunity cost of capital
(1 replies)
capital one suing; i denied the charges. what now?
(5 replies)

Search this Thread

Advanced Search

Bookmarks

Sponsors



Copyright ©2003 - 2009, Ask Me Help Desk.
All times are GMT -8. The time now is 07:49 PM.