Legal Question in Credit and Debt Law in Georgia
Tomorrow I have to go to court because I'm being suied by Capital One. The balance that I owed in Nov of last year was approximately $200. In March of this year I got a notice from their attorney stating that I owed approx. $2,000 - most of which were legal fees, and late fees. I tried to settle but they would only deduct $200 off of the debt amount. So I decided that I might fair better or the same in court. What type of documentation and/or evidence do I need to show that I owed $200 (plus interest) and not the amount I'm being suied?
3 Answers from Attorneys
Take your card agreement and amendments - that is what you agreed to by using the card. Most will include continuing late fees (of course), attorneys fees and expenses, etc.
The short answer is to bring ALL documentation between you and Capital One and between you and the lawyer.
If you owed $200 last year, $2000 is possibly correct. Most credit card lenders will add a late fee each month (usually $39) plus overlimit fees (also often $39) as well as interest. Most credit card agreements also allow for attorneys fees of 15% and costs of collection. They likely also raised the interest rate.
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