poochokid
Feb 6, 2011, 10:47 AM
On the 23rd of December 2010 I got a summons to go to conciliation courtesserli plaintiff, Capital one C/0 Messrli & kramer Plaintiff requests judgment against Defendant in the amount of $3,983.32 plus $75.00 filing fee. The relief requested consists of a Principal of $2,815.74 plus interestof $473.12 plus attorneys fees of $^19.46 plus filing fees $75.00 for tatal of $3,983.32. I am married My wife works I get SSD. I went to court on Feb 4th 2011. When I got to court a lawyer for Messerli & Kramer wanted to talk to me about a payment plan they said They would knock the amount down to $2,00.00 If I agreed to pay $ $50.00 a month. I asked the lawyer to show proof I owed that amount of money before I signed the agrement. The lawyer got mad at me and said he would just ask for a judgment from the judge. I went in front of the Judge and the lawyer told the judge I would not sign and he wanted a judgment right now. I told the judge I wanted proof I owed that money he told the lawyer to show proof to me the lawyer showed me some paper that said the $3,983.32 I said I have the same thing and that was not proof. The lawyer then told the judge to grant a judgment right away. I then said I would sign the agrement so in front of the judge I signed the lawyer signed and so did the Judge. I left and went home. When I went to check my credit report it said Capital one had charged off on my account and it was closed.After looking around on the internet I found out there is a US code 42 USc 47 407. Assignment of benefits they can not touch my SSD in anyway. What can I do now? What if I never pay them. What if I send then a copy of the Us code 42 USC 407 will I be in trouble with the court or will they come after my wife for the money can they garnish her pay check or freez her checking account and take the money. I think I was screwed.What shoul I do or legaly what can I do.