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bran83 · Dec 10, 2009, 07:51 PM

Back in like 2003 I had a Capital One credit Card that had like a $300 limit. Now the debt is around $1200.00?? According to Capital Ones lawyers. Well, last month I received a summons to court for Dec 14th, which is this Monday. Im a single mom with NO income and the only ting I own is my 98 toyota 4 runner. Are they going to take it from me over a $1200.00 dispute?

ScottGem · Dec 10, 2009, 08:00 PM

Not likely. But why have you let this debt grow?

bran83 · Dec 10, 2009, 08:09 PM

I got pregnant had to stop working to have my son, then taking care of my son by myself, got a job, got laid off, then I went to get my gallbladder removed "simple surgery" turned into a nightmare, Dr cut my whole common bile duct off which put me in the hospital for 3 months. Never heard from Capital One until this year and $800 of the charges are in late fees and interest fees. I told the lawyers that I had no income and could I try paying like $20 a month and she said no Id have to pay $50 and after 3 months Id have to pay $100.? I told her I didn't have that option with no income and no luck finding work and she wished me "good luck in court" Why would they take me to court over $1200? What will they get out of it if I have NO MONEY? NO INCOME? Nothing. will it just ruin my credit more or something to have a judgment against me?

JoeCanada76 · Dec 10, 2009, 08:34 PM

Are you sure you owe this debt? Just because they are suing you does not necessarily mean that you have that dept.

XTC832 · Dec 10, 2009, 09:07 PM

It's not very feasible for Capital One to go after an 11-year old vehicle for a debt of $1200. Whether they get a judgment--that's the province of the courts to decide. As with the previous post, it's possible but unlikely. A court appearance will require you to disclose your financial position. Creditors like to use this strategy because they think you have money stashed away in a secret account. Their belief is that you'll reveal it under oath and then they'll be able to recover something. Remember, credit card companies don't want cars, houses, boats--they want money. And if a court decides that $20 per month is reasonable, then they have to accept that decision. Also, check the laws in your particular area. Some states and many local jurisdictions will not grant a judgment for certain exempt property, like a vehicle over 10 years old! Hope this helps! Good luck!