Legal Question in Credit and Debt Law in Florida

Hello,

I'm looking for advice on a lawsuit maybe being filed against me. I got a notice to appear for pretrial conference/mediation. Capital One Bank(USA) N.A. FKA Capital One Bank is the listed plaintiff. The amount is $1000.84 that is due now with interest at the rate of 23.0000% since 5/14/2009. Plus attorney fees of $300.00

I applied for the credit card in 2008 when I turned 18. I lived in the state of Connecticut at the time, I live in Florida now. I'm a little confused about what this process is, I know I should appear but what should I bring? I would like to set up a payment plan and if possible get the amount I owe reduced without taking this to court, I make barely enough to pay my bills (rent, electric, ect.) but would like to make steps towards paying this debt off.

The original limit on the card was $500.00 and I have made payments but I don't remember every payment or how much they were for. Would I be better allowing this to go to court with the hopes that the judge will allow a payment plan and reduced interest or should I try and settle at the mediation? What do I say or do if they try and get me to sign something? Should I try and get an attorney?

Thank you to anyone who is willing to answer all of my questions about this, I appreciate the help!


Asked on 5/04/10, 6:26 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

First, see if you were supplied a copy of the application for the credit card and if all the bills were attached. If not, move to dismiss the claim because they failed to attach all of the important documents. If they did attach all of the documents, if you do not agree with the amount claimed, then deny the amount in your anwswer. A motion to dismiss or answer must be sent to the clert of court and to the plaintiff. If the documents were supplied with the complaint, try to negotiate an amount you CAN pay, not an amount they want you to pay. Never provide them with your banking information or how much you make etc. They will use it against you. Settle for the principle at best. Get them to waive the interest and fees and costs. Tell them you will get an attorney otherwise. See www.ConsumerLawyerHelp.com

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Answered on 5/09/10, 7:04 pm


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