Legal Question in Credit and Debt Law in California
being sued- capital one, loss of job insurance
I bought credit protection for involuntary loss of job to cover my credit card accounts may years ago- what a nightmare. 4 years ago I became disabled, probably for good- not where I had expected to be on my career path at this point- but. I filed all forms appropriately. One company never did pay anything, asking repeatedly for my employer to fill out forms. What was good enough for state and federal disability apparently not good enough for them. The big problem though- one paid haphazardly on my Capital One account for a couple of years. Sometimes late, sometimes less than the amount due- sometimes no monthly payment at all. When I would call (capital one), they would make changes to my balances, never showing what took place. Suddenly they stopped paying, and advised me the plan only pays 2 years. Not according to my paperwork. It's now going to civil court, they tried to have the judge enter judgement without my even being notified-apparently they get away with that at times, but fortunately the judge said no. They filed again, we have a settlement conference in december. I have absolutely NO money to hire an attorney for this, is it remotely possible I can represent myself and not end up just screwed? thanks
2 Answers from Attorneys
Re: being sued- capital one, loss of job insurance
You might find an insurance bad faith attorney who would take the matter on contingency, therefore you would have no out-of-pocket. It's always best to have an attorney in your corner in complicated matters.
Re: being sued- capital one, loss of job insurance
Amen to what Mr. Cohen said. This is a case that many attorneys including me might well take on a contingency fee basis. This is because your disability insurance carrier (the one that is supposed to be paying your bills) has to pay the claim "in good faith." If they don't, and it appears they aren't, they could wind up owing you thousands of dollars over and above the contractual payment for your emotional distress.
To all LawGuru readers: Never assume you can't afford an attorney until you have consulted at least a couple.
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