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Asked in CA May 26, 2022 ,  0 answers

court summons for capital one creditcardc

Hi my is--name removed--I was just recently given a summons about 2 weeks ago and I filed my answer last week

well my court date is next Tues. and I have talk to a Firm that's representing Capital One, and I was ask how much do I make a month I stated $2000. The person ask me if we can work out a solution so I want have to go to court, But I told the person I have no money, because I have to pay child care, my expenses and my elderly grandma's expenses, so he stated to me if I go to court I will be garnish at least 25% which he stated is $500 a month. I stated to him I can't afford that. I also did enroll in a debt management services. But lawyer stated that it doesn't matter and they don't deal with 3rd party companies. So at this point I don't know what to do because I can't afford $500 month for garnishment. I feel like the only option is bankruptcy which I don't want to do... Can you please tell me what can I do by Mar. 20, 2007

Thanks'

--name removed--Foster

Data From  LAWGURU_Question

3 Answers

Anonymous
Reply

Posted on / Mar. 15, 2007 16:12:00

Re: court summons for capital one creditcardc

Many times there are errors in a complaint (the documents attached to that summons you received) which are things you can use to help your case. In addition, if the debt is over 4 years old, then it is likely past the statute of limitations -- this is an example of another defense.

I think that PROBABLY this coming up court date is a Case Management Conference, where the judge will assign dates for a trial and maybe a mediation as well.

No one wants to do bankruptcy -- it is not the first solution to examine. However, if you have a consultation with an attorney who does both bankruptcy and collections defense, you can explore your options in more detail then in an email response.

Best of luck to you. The fact that you filed an answer already puts you ahead -- collections attorneys prefer it when the debtor ignores the lawsuit so they can just get a judgment immediately. Keep exploring your options and you will work it out one way or the other.

-- Amy Kleinpeter

http://www.amykleinpeter.com

Anonymous
Reply

Posted on / Mar. 15, 2007 16:12:00

Re: court summons for capital one creditcardc

Many times there are errors in a complaint (the documents attached to that summons you received) which are things you can use to help your case. In addition, if the debt is over 4 years old, then it is likely past the statute of limitations -- this is an example of another defense.

I think that PROBABLY this coming up court date is a Case Management Conference, where the judge will assign dates for a trial and maybe a mediation as well.

No one wants to do bankruptcy -- it is not the first solution to examine. However, if you have a consultation with an attorney who does both bankruptcy and collections defense, you can explore your options in more detail then in an email response.

Best of luck to you. The fact that you filed an answer already puts you ahead -- collections attorneys prefer it when the debtor ignores the lawsuit so they can just get a judgment immediately. Keep exploring your options and you will work it out one way or the other.

-- Amy Kleinpeter

http://www.amykleinpeter.com

Anonymous
Reply

Posted on / Mar. 15, 2007 16:12:00

Re: court summons for capital one creditcardc

Many times there are errors in a complaint (the documents attached to that summons you received) which are things you can use to help your case. In addition, if the debt is over 4 years old, then it is likely past the statute of limitations -- this is an example of another defense.

I think that PROBABLY this coming up court date is a Case Management Conference, where the judge will assign dates for a trial and maybe a mediation as well.

No one wants to do bankruptcy -- it is not the first solution to examine. However, if you have a consultation with an attorney who does both bankruptcy and collections defense, you can explore your options in more detail then in an email response.

Best of luck to you. The fact that you filed an answer already puts you ahead -- collections attorneys prefer it when the debtor ignores the lawsuit so they can just get a judgment immediately. Keep exploring your options and you will work it out one way or the other.

-- Amy Kleinpeter

http://www.amykleinpeter.com

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