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View Full Version : Being sued by capital one for cc debt but was in a shelter


lilmama1988
Jun 26, 2013, 04:26 PM
I recently got a summons from capital one for a cc debt from two yrs ago. At that time I loss my home and went into a shelter w my family unemployed for a yr. I recently got a pt job but will not bring able tp afford a lump sum payment. If I call a debt consolidation company will that be able tp settle it? Can I file bankruptcy? (I have five other delinquent cards and can't afford to pay right now) if I wanted to file bankruptcy how do I go about it?

Fr_Chuck
Jun 26, 2013, 04:35 PM
A consolidation company ( most do nothing and some make it worst for you) only work out deals to make payments, and credit card companies are not required to work with them.

You can do the same thing by asking for payment plans. But the issue is, you have to make enough money to make a payment. If you have that many, I doubt you can pay enough to even cover late fees or interest each month.

Most likely you can file bankruptcy, you just go and hire an attorney and file

AK lawyer
Jun 26, 2013, 04:42 PM
...Most likely you can file bankruptcy, you just go and hire an attorney and file

Or file it yourself. All the forms and instructions can be found at the website for the bankruptcy court for the federal judicial district where you are located.

But do you urgently need to do anything? Is the judgment creditor garnishing your wages or executing on your property?

lilmama1988
Jun 27, 2013, 10:51 AM
Well its kind of a long story.. I just looked at my court paper and it says the court date was LAST summer. I never lived at the address it was sent to file(its my father in laws house so Idk how they got that one) and another letter w a magistrate hearing for this July. So apparently I missed a trial last June and am being sent to court again because I never got the summons for last yr. so far no money has been taken from me as I was unemployed until a few months ago and I am not allowed to open a bank acct I only have prepaid debit card that my payroll goes on to. So so far I've been okay. But do I have to appear for the magistrate hearing? Or can I wait for the next trial? Im just freakin out because I can't afford to have my paychecks taken. I can get proof that I never lived at theaaddress it was sent to will that help? And should I file for bankruptcy before this trial? Is filing bankruptcy expensive? And by the way I have no assetsfr them to take either just ny prepaid cards