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Grabber07 · Aug 12, 2008, 08:43 AM

I got served tonight and have a few questions.

1. Is it too late to set up payments? The court date is a month away.

2. I believe that my VA benefits that are directly deposited, cannot be touched, I don't have any leinable assets (house, owned car, etc) what else can they go after? This card was solely in my name, they can't touch my wife's $$, right? My only other income is what I make as a server in a restaurant.

3. I had placed this on the back burner, because I will be getting an insurance settlement VERY soon, and planned on negotiating a settlement when I had cash in hand, but I guess they beat me to the punch. Should I set up a payment plan and then just pay it off when I get the lump settlement?

4. My wife went through the same thing last month with Cap One, but we called and set up a payment plan. Their attorney said she didn't have to appear, but that a judgement would be entered, along with the promise to pay and that when the balance was paid in full, they would remove the judgement. Is that true?

ScottGem · Aug 12, 2008, 08:52 AM

1. If you are sure they can prove the debt, then make them a payment offer. See what you can negotiate. You still need to answer the summons though.

2. it does sound like you are mostly judgement proof.

3. How soon do you expect the lump sum?

4. You never want to not appear in court. You don't want a default judgement entered. You may not have the option but you want to try and avoid. Yes, when the balance is paid according to the written settlement agreement, you get a written paid in full acknowledgement and they will mark the judgement as satisfied.

this8384 · Aug 12, 2008, 02:19 PM

I would contact them as soon as possible to at least try to negotiate with them; the least you can do is try.

If your money is directly deposited and they are awarded a judgment in court, they may be able to freeze your account and garnish any money that you have in it or continue to deposit into it.

As Scott said, if it comes to a court hearing, make sure you appear. The worst thing you can do is not show up to plead your case.