I am being sued (I guess) by Capitol One. I was served a notice 3 nights ago, to appear on March 1 at 1:30 pm, no court room, just the main address. It says it is a mediation/pretrial conference, but it is confusing. The debt they are listing is a valid debt, the amount is questionable. I through many circumstances stopped paying on the account after a layoff, and got back on my feet a bit too late. They sent letter after letter demanding 50% or some number, or else. I called back, stating I could make payments again, but that wasn't acceptable. The problem, I never sent a letter, or documented phone calls. After doing all the reading I have done, I realize the error of my ways.
I don't want to walk into the court and go, "yep I used their card, and yep, thats my name!" and be told not to expect the next few paychecks.
It isn't that I can't afford to pay it, I just can't afford to pay it all at once!! Plus, the fees they tacked on are a bit unreasonable.
Now, I have to pay attorney's fees too ? How do I stop this, or get through it ? Should I hire an attorney ? How do I pay for that ?
Yes, the creditor lawyer can (depending on what type of consent you sign) either sue you, requesting a Judgment, or go right for the Judgment because you signed a voluntary Judgment. Creditors very often take the Judgment (with your signature) but do not act on it until you default.
Debt collectors use procedures and delays to wear you out and make the process too expensive for you. But there is a way to turn the tables on them even if you can't hire a lawyer.
mreda, what happens next is the company probably looks for your assets and job and tries to take your bank accounts or garnish your wages. You need to fight them before they get a judgment.
I would agree with the "disagreements" made to my earlier comment, but point out that I was responding to Mreda's comment that the debt collector had gotten a judgment and he/she missed a payment. When there is a judgment, even if it is a consent judgment, the debt collector will often act very quickly if a payment is missed. Perhaps it was unclear that I was responding to Mreda. My apologies.
I am also being sued by Capitol One, my balance is only $1000, which I cannot believe they would sue over. Reading all this has really got me nervous. One question though, if you have already been sued, and already get your wages garnished, then what? Can I get another one, and should I tell them this?
Yes, there can be a second Judgment against you. Judgments are "usually" good for 10 to 20 years, depending on the State. The second Judgment simply is put on hold until the first is paid and then they begin to collect on the second.
Why don't you believe Capital One would sue over $1,000?
Well just reading other posts, people were surprised whrn their debt was a lot higher. Should I mention the other judgement against me when I go to court? Do they take health problems or any life circumstances to heart? I know everyone has a sob story, but life has not been kind. I however am turning a new leaf, and do want to get my debt resolved.
Well just reading other posts, people were surprised whrn their debt was alot higher. Should I mention the other judgement against me when I go to court?? Do they take health problems or any life circumstances to heart?? I know everyone has a sob story, but life has not been kind. I however am turning a new leaf, and do want to get my debt resolved.
You will probably be charged with interest, legal fees, perhaps Court costs. Any other debt is meaningless. As I said, they can stand in line to collect this.
Of course they take life circumstances and health problems seriously BUT neither is a legal reason not to pay a debt.
Times are tough right now. A lot of people are in bad financial shape.
If you want to get the debt resolved you must pay it - either up front or following a Judgment.
You can always offer to settle for a lesser amount.
My wife just received a call from a private number asking her if she would be home to get serve. My wife ask what was this about? They provided a number to call for information witch we did and that number was for Blackstone group. They told us we were going to be serve from a credit company to get sue. Our option were pay 50% and it would finalize or make 10% payments for 10 months to pay the balance of 2162.00. Or else we would go to court and the balance double or more plus attorney fees. The problem is were both unemployed any suggestions anybody thank you.
Hi, I need some advise I got a call from a private number asking me if I was going to be home because I was going to get serve. I asked what this was about and the girl said couldn't give me any inf but to call so and so number. So I called to the number she gave me and gave the ref num and the guy told me I needed to make a payment or I was going to get serve tomorrow and my balance would go twice as much plus attorneys fees and they were going to take me to court and garnish my assist,taxes,car,. I told him I didn't have a job and that I only get unemployment but I couldn't make such large payment at this time of 10% witch would be 216.00 I know its not a lot but to me at the moment it is the balance on what they are taking me to court for is 2160. He gave me till the 30th to make a decision on what will I do make a payment of 10% for the next 10months or 50% now and it will show paid in full need help can any one give me some advise... I just don't want this debt to continue or go to court and my balance go higher and then at court would be plus attorney fees or for them to take my car it's the only thing I have of my own the car I have no bank accounts or any savings.
Wow so I posted an ad on craigs list , trying to sell my talents as a biz advisory and from the start all I had gotten was info requests starting with the words ""Help im getting sued by a credit card company what do i do"" ,....effing hell ,first let me just tell the world that in most cases you are not being sued by the "credit card company" you are being brought to court by the dam "collection company" (AND REMEMBER THESES ARE THE SAME GUYS THAT YOU HATE THE SAME GUYS THAT CALL YOU 50 TIMES PER DAY),after your sent to collections your sold off to one of them leaches for at times $0.50 the card company has already got their insurance pay out for your default.
SO first when you get to court ,simply say you dont remember having that card,tell them you would like to see the HARD COPY OF THE APPLACATION, "you have that right to see what the are charging you with" because of privacy laws in most states most of the lawyers that have been assigned about 20 of those cases that same day ,"won't have that info on hand "so the judge will order that it is postponed until he gets it ,and because of the fact that most cards companys have already collected the insurance pay out and sold your debt off to a collector company for about 30 debts for at times about $5.00( YOUR OLD CARD COMPANY SIMPLY DOES NOT CARE AND UNDERLAW CAN NOT RELEASE ANYTHING WITH YOURSOCIAL SECURITY NUMBER ON IT,SO as far as them helping the collector it is a NO !and be cause the collectors are not that interested to paying investigators to obtain that info ,and in the end they are not even interested in paying another lawyer to come out and fight you again.. remember it is a cash world ,if its going to cost them more then they will get they WILL NOT WASTE THEIR TIME...
Deny it, they will most likley not have the original contract you signed and they must have that. If the debt is small CC reps may not even show up. CC and debt collections run the numbers- If we buy up enough old debt for pennies on the dollars, send out x number of lawsuits and if x percentage pay we can make x number of dollars. Trust me, you don't have deny the contract just ask them to produce it.
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