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lolo620 · Aug 11, 2009, 02:36 PM

Recently received summons for old capital one credit card-original credit line only 600: amount they are asking is 1400 plus attorney fees to be tacked on to that. It is also my understanding that interest will also be applied to that until debt is paid off. Im not going to give a sob story I know I owe the debt, we made payments on time for 3 years, then you know the story: late a couple times they tack on late fees which make for the overlimit fees and of course interest rate skyrockets. Then it just seemed like "f" it my piddly payments weren't making a dent in the actual debt. Went to court date and contested it. If anything I thought it would buy me some more time before garnishments. Before I went to court I called the attorney and offered to pay right then the amount of $600 (the actual credit line). Got told too late "papers were already drawn up, havent you been served yet?" So gave up on that idea. My main question now is: is there a chance when I do go to trial, to get the amount lessened? And how in the world do I go about it? Already checked out the SOL and that's not a way out. Just want to play lets make a deal!

lolo620 · Aug 11, 2009, 02:55 PM

So by reading other posts: if/when I go to court over my credit card debt-if I partially deny their claim would the chances then be that we have mediation with the credit company and is that a good time for them to get rid of the crazy rates and fees they have tacked on to the original debt?

stevetcg · Aug 11, 2009, 03:11 PM

Yeah - probably too late for that now. If it goes to trial the number is going up, not down. If you cannot pay the amount in full now, expect the judgment to be higher than what they are asking for now.

The trial is a formality at this point.

lolo620 · Aug 11, 2009, 03:17 PM

Thx for taking the time to answer! However you got any more info or advice? Never been through this before just want to have something to back me up or anything I could use to lessen this amount

mr.yet · Aug 11, 2009, 03:26 PM

When you go to the hearing demand to see the original contract you signed, they must have it, not a copy the original.

Simply tell the court " I cannot admit or deny the alleged claim until they produce the original contract I signed"

In today's world anyone with a computer can copy and paste anything to any document.

Demand to see the original document.

lolo620 · Aug 12, 2009, 12:02 PM

Being sued by attorney for old capital one debt. Amount they are asking for is double original credit line have offered to make payments but they wanted lump sum payment to negotiate-couldnt afford it. Now going to court soon. By reading other threads I had some questions (SOL not a way out): card is in my husbands name he is head of household (I got laid off 6 months ago) anywhere in KS law say head of household wages can't be garnished I am aware they go for 25% of disposable income. Another credit company we dealt with before when we fell behind had us fill out a "hardship" form which helped us make lower monthly payments in order to not be sued. My plan now is just go to court and ask that they validate this debt and request they show the original copy of contract (which we applied for either online or over phone) any loopholes on that?

Sorry so lengthy got tons of questions: would hire an attorney, but if I could afford that Id prob already paid credit card! We are drowning in debt! HELP! THX

ScottGem · Aug 12, 2009, 12:58 PM

Sounds like you have a good plan. You can try offering, again, to negotiate payment plan after you file your Intent to Defend.