Legal Question in Credit and Debt Law in California
court summons for capital one creditcardc
Hi my is--name removed--I was just recently given a summons about 2 weeks ago and I filed my answer last week
well my court date is next Tues. and I have talk to a Firm that's representing Capital One, and I was ask how much do I make a month I stated $2000. The person ask me if we can work out a solution so I want have to go to court, But I told the person I have no money, because I have to pay child care, my expenses and my elderly grandma's expenses, so he stated to me if I go to court I will be garnish at least 25% which he stated is $500 a month. I stated to him I can't afford that. I also did enroll in a debt management services. But lawyer stated that it doesn't matter and they don't deal with 3rd party companies. So at this point I don't know what to do because I can't afford $500 month for garnishment. I feel like the only option is bankruptcy which I don't want to do... Can you please tell me what can I do by Mar. 20, 2007
Thanks'
--name removed--Foster
3 Answers from Attorneys
Re: court summons for capital one creditcardc
Don't listen to the lawyer. They are trying to scare you into settling. You need to talk to an attorney who specializes in debt collection work on behalf of consumers. You can find someone at www.naca.net. You may also want to talk to a bankruptcy attorney to at least consider this possibility.
Re: court summons for capital one creditcardc
As there is a court case, you might plead several defenses, including the running of the four-year statute of limitation, that the amount requested is overstated, that you don't owe anything, etc. It would be helpful if you had a lawyer to assist you or at least with whom you could consult.
Also, not knowing the specifics of your case, it is possible that the court date is merely a case management conference. You didn't say whether it's a trial. If a case management conference, then the judge will set the trial and other dates. Ask the court to have the plaintiff's attorney give written notice so that you will have something in writing to tell you what the dates will be. Good luck!
Re: court summons for capital one creditcardc
Many times there are errors in a complaint (the documents attached to that summons you received) which are things you can use to help your case. In addition, if the debt is over 4 years old, then it is likely past the statute of limitations -- this is an example of another defense.
I think that PROBABLY this coming up court date is a Case Management Conference, where the judge will assign dates for a trial and maybe a mediation as well.
No one wants to do bankruptcy -- it is not the first solution to examine. However, if you have a consultation with an attorney who does both bankruptcy and collections defense, you can explore your options in more detail then in an email response.
Best of luck to you. The fact that you filed an answer already puts you ahead -- collections attorneys prefer it when the debtor ignores the lawsuit so they can just get a judgment immediately. Keep exploring your options and you will work it out one way or the other.
-- Amy Kleinpeter
http://www.amykleinpeter.com
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