Legal Question in Credit and Debt Law in California
Arrested for a debt
My wife owed Captial one bank $550 on a credit card, she has been making payments of $10 to $20 a month for a long time, accualy the $550 has been paid. But with interest they want $1000 more and say they are getting a judgement.
They tell her she can be arested? they tell her she wont have any say in court? and they say court will be in San Diego, we live in Bakersfield. can they do this?
their lawer tod me, this isnt Judge Judy, you dont get to to or talk in court??? can they rail road me... can they get a judgement if I keep paying something????
2 Answers from Attorneys
Re: Arrested for a debt
No, they can't arrest you. They can sue you, but, unless you lived in San Diego at the time the loan was made, they would need to sue you in the county in which you live.
As far as the increase in the balance, they are probably entitled to some interest, but it is hard to tell if $1000 is accurate. They do like to scare people, though. Get the name of the person you are talking to, and ask if he is a lawyer. If he says "yes", check his name with the State Bar. If he says "no", tell him that you want to talk to their lawyer and work on a settlement. DO EVERYTHING IN WRITING!
Re: Arrested for a debt
You cannot be arrested for non-payment of a debt. If there is a trial, you can speak. If they get a judgment and bring you in for a judgment debtor exam, you cannot be brought to court more than 150 miles. Please contact our office for an appointment and review of your documentation.
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