Legal Question in Credit and Debt Law in Georgia
I am being sued for a credit card debt that I owe to captial one. The debt is roughly $900.00 but I am not able to pay it by my court date. I agreed to pay the debt because I just want to get this behind me. I guess I just want to know what I should expect from court and how I should handle this matter.
2 Answers from Attorneys
Don't worry if you cannot pay by the court date. When is the court date? The creditor cannot do anything until the judgment has been entered for 30 days. Then, if the judgment still is not paid, the creditor can try to garnish wages, freeze your bank account or seize any assets that are owned free and clear.
Don't let that happen. I can resolve the debt for you - Capital One will want a little more after a judgment has been entered (they will accept between 50% and 80% on average). Who is the law firm suing for Capital One? Zwicker? Frederick J. Hanna? Someone else? Please contact me at [email protected] if you are interested in retaining me to resolve the debt.
Because of the sum involved, you may want to try yourself first. If you are ready to settle the debt, make sure that you have all the settlement funds available now. No payment arrangements. Do not send any money until you get a settlement letter outlining the terms (settlement date, settlement amount, that the settlement amount will be accepted as full payment, to whom payment is made, where etc.). When you get that, send a cashier;s check or money order to the law firm at the specified address. I would get a physical address (not a PO Box) and send via FedEx/UPS. Get signature confirmation. Keep a copy of the check/money order and settlement letter forever. 30 days after your payment is received, get a closure letter indicating that the settlement amount was received and that the judgment will be marked satisfied. Follow up in 30 more days and get a copy of the satisfaction - try the courthouse first as it will be on file there. Get a copy and keep along with the settlement letter and check forever.
Rachel gave you some good tips.
A couple more: if you owe a lot of other debt, consider a bankruptcy to erase it all.
And, if you need time to pay and can't work out a settlement, they may agree to a consent order to take payments and agree not to act on the judgment if you pay as agreed.