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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.

ballengerb1 · Feb 6, 2011, 10:53 AM

Capital may have charged it off but that does not mean the debt isn't valid any more. They may have sold the debt to Messrli and he is acting as a collection agent. You should not have signed the agreement but since you have there is a new valid agreement. If tyou don't pay and they sue you again they can go after a joint account or file liens.

AK lawyer · Feb 7, 2011, 03:49 AM

Originally Posted by poochokid

... 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

What does SSD have to do with this? Have they tried to take those benefits?

Originally Posted by poochokid

... will they come after my wife for the money can they garnish her pay check or freez her checking account and take the money ...

Is she also a defendant in the suit?

Generally, no, they cannot come after her (assuming she isn't a co-defendant); not unless she signed the agreement, or, with respect to her checking account, both of you are on the account.

ScottGem · Feb 7, 2011, 05:04 AM

As noted, A chargeoff is simply an accounting action. It has NO affect on your obligation to pay.

You should have stuck to your guns. You should have asked the judge if their proof constituted legal evidence of the debt. But that is now moot. You signed the agreement and if you refuse to pay they will file suit and this time they WILL get a judgment. They can then use that judgment to attach your back accounts or other assets.

Unless your wife was a signator on the card or a party to the suit, they can't touch her salary, but any joint account you are named on would be subject to seizure.