Legal Question in Credit and Debt Law in Missouri

Re: Capital one lawsuit

If you go to court in response to a summons on these cases, you must be sure to be in the courtroom when the case is called, and announce yourself present so that the Judge knows that you are there. the Judge will probably put the case on "second call" and give the creditor's attorney some time to speak with you. When the creditor's attorney does that he or she will be trying to get you to sign a "Consent Judgment". He or she might offer to accept a lesser amount than the toal amount asked for in the suit. He or she will certainly offer you payment terms. My advice is not to do it! In many of these cases the creditor's attorney is simply not able to prove up his or case if it is set for trial. In many of these cases, an attorney working for you can get you a much better settlement if you are inclined to settle than you could get on your own. Finally, it may very well be that it wouldn't hurt you too much for a Judgment to be entered, since you hae no assets once you transfer your car into someone else's name. (A creditor can take the car after a Judgment against you is entered.) Still, the creditor might find a way to collect on a Judgment and the Judgment itself will be on your credit report. Overall, I would advise you that the best option is to hire an attorney experienced with these cases who practices in the courts where you have been sued. Good luck.