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tmitch333 · Apr 6, 2007, 01:35 PM

Capital one sent me a subpeonea in March 2007 to appear in court over a $2000 bill. This credit card was a secured card, opened in the year 2000 (I think) and the limit was $300. I don't recall much about it but I know that I had to put down money to open a secured card. I don't remember how much that was. Needless to say, once the card was at 300, the next bill I received had a 25 late fee and a 25 over limit fee. I immediately called and told them, asked about the HUGE charges they were adding, explained my financial situation was bad (reason I could only get a secured card in the first place for ONLY 300 limit) and asked if they could cancel the card and I would pay a little each month. They, of course, said no. I attempted to pay a bit here and there but each month 50 was attached to the bill. I could never catch up. SSOOO now here we are with 1700 added to the 300. I think that is insane. So when I went in front of the judge I denied the charges. NOw it is going to trial. What can I do now? I would be willing to pay 300. BUt not 2000. ANyone with any advice?

ballengerb1 · Apr 6, 2007, 05:43 PM

I think you probably have messed up bad. By denying the charges before a judge you perjured yourself and may get nailed for that. When did this $300 charge take place? It would take over a year or more to get all of these fees tacked on.

tmitch333 · Apr 6, 2007, 10:16 PM

NO. That is not correct. I was given legal advice to deny less I see the original documents/contract that states the debt is mine. I just wanted to know what to do during the trial, what to say, what to bring up, or if there is anything to do before to not go to trial.

ScottGem · Apr 7, 2007, 05:23 AM

You signed a contract and agreed to those charges. What I don't understand is how you charged over the limit.

What will happen at trial is they will produce the original contract and get a judgement against you. If they don't you can ask the judge to dismiss the suit.

You can try to appeal to the judge that you they should have taken your security and closed the account and allowed you to pay off the charges. But I'm not sure how well that will fly.

tmitch333 · Apr 7, 2007, 12:37 PM

I did not charge over the limit at all. When it was at $300 they must have tacked on a late fee which then made it over limit. It has been so long ago and I do not have any of the past bills anymore (dumb me!) so I really don't even remember. All I know is that I could never have caught up with 50 charges added each month. I have never had a charge card since then and I never will again.

kupgas · Apr 7, 2007, 09:30 PM

It sounds as if your first mistake was to try to negotiate over the phone. A letter sent return receipt requested is always the best bet. I'd try that even now. Send a letter explaining the whole situation and tell them if your credit, albeit bad already, is damaged by their company, you will go after them under the consumer credit act. If you have copies of your original agreement, see if it states these charges in writing. If it does, I would suggest a lot of crying in the courtroom.
kupgas