[Katt]

Hi, I am really scared right now and hope that someone can help me answer a few questions.

I submitted my answers to a complaint from Capital One and their lawyers/ debt collectors the other week and today I received a court date for the end of this month.

The lawyers say that they will be appearing by telephone conference. Problem is, I am currently a stay-at-home-mom (although looking for work - I wasn't kept on at my seasonal retail job, although was hoping to have it had become a permanent position) and have no one to watch my 3-year old. Would I be able to take her with me? But I just worry that I wouldn't be able to remain emotionally calm

I have about $5000 debt with Capital One, but also have $11,000 debt with a few other credit card companies, so I am worried that this won't be the last of it and intend on filing for bankruptcy. Initially we had no problems paying off our credit card debts, but life happens sometimes, and we've been unable to.

My husband is originally from the United Kingdom (my mother is his financial sponsor legally, since I currently don't have the means to), and he has also been having a really hard time finding permanent employment - he has a visa to work in the US, but he can barely get to the interview stage with most companies, because once they notice he is a foreign national, they don't want to deal with him because they think it is too much paper work (when it is not, since he already has a work visa!! )

However, he does have a great temp position right now and in about 2 months time they are thinking of making him permanent - great for us and we were planning on dealing with the credit cards then, but unfortunately it is now an emergency and we have to deal with it NOW. And since all the credit cards are in my name only I am the one dealing wth all the emotional pressure, but I really worry about it affecting our joint asset: our car (paid for in cash from my mother, but car in my name)... and I do worry about it affecting our relationship, because I am feeling very resentful towards him (we used the cards together) and I feel that bankruptcy would be my best option, because I am almost always on the verge of tears and worrying about it - I think that it would make me feel mentally refreshed, and besides I have no intention of using a credit card again. I find a credit card-free life to be so muc more rewarding.

Okay, so about the court judgement. How does that work if I am not working? They couldn't go after my husband's wages, could they? We are living off his $12/hour & 40hrs/week job. And our car? It has about a $3000 sale value with a $1,000 trade-in value. But my husband needs our car, because he commutes to work 1 hour each way down country roads (no public transport available) and without our car, he would lose his job and it will be too good of a job to lose once he is taken on full time.

We DO plan on moving closer to his job, but can't get out of our rental agreement until June of this year, so until then, we really do need the car (which is 12 years old and 'okay' condition)

And since we've both been struggling finding employment this past year, our annual combined income was about $12,000, so not much at the moment (part of the reason why we've been struggling paying the cc bills, since we used to be higher income), so what could they garnish really?

I am expecting an okay tax return, which will be going towards bills really... and I was also thinking of using some of it for bankruptcy fees... but could they garnish that before my tax refund comes through?

Also what should I take with me to the judgement hearing - proof of (lack!) of income? I am so scared. Also if I file for bankruptcy and get the ball rolling right now, would the hearing be canceled?

Thank you so much!!

[Katt]

By the way, I am in Wisconsin and my husband and I do keep separate bank accounts, so his wages get paid into his own.

[ScottGem]

Ok, They can go after assets that you hold separately or jointly. But not anything he holds separately.

Second, take the baby with you. If this is small claims court, they are more informal. Also it will show you don't have the money to pay for a sitter.

Have you read the many threads about judgements here? Did you send them a copy of your answer asking for verification of the debt and their right to collect it? Did you agree to allowing them to appear via conference call? Were you given that option? You might go back to the court and say that its unfair for them to appear by telephone, but you have to show up.

Unless they provide verification you can ask for a dismissal. They will ask for a continuance.

[Katt]

Hi, they sent verification stapled onto to the back of the initial summons I had to give my answer to - and there was no way that I could deny that the debt is mine. However, I did deny refusal to pay the debt, because even in the attached information, it is quite clear that I had been making attempts.

And no, there was nothing in the initial summons about agreeing for them to appear in court via phone :(

I've been going through the forums for pretty much most of the day and am just completely lost... but I am doing my best whilst trying to figure out the answers to all of my questions :)

On a side note, I contacted a bankrupcty attorney today and they charge $1500 up-front, which also includes the court filing fee. Is this a standard amount (I am also in Wisconsin) and there are not many bankruptcy attorney's in my area, so it seems.

I am also looking at a free copy of my credit report. There are 5 credit cards there and I know the account numbers and the amount owed on 3 of them. But 2 of the cards listed I have no idea how much is due on them and since I cut up all credit cards ages ago, I don't know the account numbers and it just says that the accounts have been transferred. I'd want to include them in the bankruptcy, as well, but is there a way to find out what accounts they are if I have no records of any of them here?

[ScottGem]

What did this verification consist of?

The credit report should list the lenders you can contact them for info about the accounts.

[Katt]

What did this verification consist of?

Every single bank statement, which includes every charge and cash advance - and there is nothing to deny that it was mine and that I did make the charges.

And thanks, I will call the creditors listed for the other accounts and try to find out the info needed! :)

... also...

If my court hearing is not meant to be until the 29th of this month, and if I start to file for bankruptcy next week (as my tax refund is meant to be deposited into my bank account this meaning, meaning I will have the money to file) would this be able to stop the hearing... or at the very least, would being in the process of bankruptcy stop any potential judgements. ALSO would I not want to mention the bankruptcy during the hearing, or should I keep it quiet, until it is complete?

[ScottGem]

Umm, did it include the original contract you signed?

If you are currently in the process of filing banktupycy and the judgement hasn't been awarded yet, I think that would do it.

[Katt]

Umm, did it include the original contract you signed?

If you are currently in the process of filing banktupycy and the judgement hasn't been awarded yet, I think that would do it.

No, the original contract wasn't included. :( I messed up didn't I, since I already filed my anwer? :(

[ScottGem]

I don't know, You can still ask for the original contract. They would have to produce it. Statements only prove tha the account was used. It doesn't prove who the account belongs to.