Please Help! I'm being sued by CC company, now what?

pokerfish · Nov 25, 2005

Hello, I was wondering if anyone here can help me answer some questions. To make a long story short, I made a debt of around $3500 on two Capital One credit cards and couldn't pay it back. It's been a couple years or so, and now I've just been served a summons to appear in court. They are suing me for the $3500. This is my fault and I owe them the money, but there is just no way I can pay it back right now. I'm in debt and am not even getting by -- i'm living paycheck to paycheck and it's still not enough. This all started from sports gambling, and I let it get out of control. Anyway, I'm not going to bother going to the court date, since I now the judgement will go against me anyway, I have no excuses. If I go to the court hearing or whatever, I'd have to explain to my employer and I'd rather not, since the outcome will the same either way.

What I'd like to know is, what will happen next, after I get the judgement against me? I have absolutely no way to pay them back - if anything I could only afford to pay off $50 a month. The only thing I own of value is my car. Will they get some repo man to take it? Is there any chance of me going to jail (i doubt this since I never heard of anyone in jail for bad credit card debts)? What steps will they take against me after the judgement? I did claim bankruptcy a few years earlier so that is not an option for me. My life is a complete mess as it was, but now I just feel like i'm spiraling down and down. If anybody can give me advice it would be greatly appreciated. Thanks!

SkinsRaj28 · Nov 25, 2005

I personally have no idea happens next...but just wanted to say good luck man. Sorry to hear about your troubles. Hang in there, hope things work out.

BC-Eagles · Nov 25, 2005

sorry to hear all this buddy. first of all, i'd find out if not going to court could screw you harder, cause sometimes they can make it harder on you if you don't go at all. i'm sure they have information in the original contract you signed, so you could check online at their website to see what steps they'd take. depending on the severity i'd guess that Repo is a possibility and jail time is highly unlikely. again, sorry to hear all that, and best of luck to you

SportSavant · Nov 25, 2005

pokerfish said:
Hello, I was wondering if anyone here can help me answer some questions. To make a long story short, I made a debt of around $3500 on two Capital One credit cards and couldn't pay it back. It's been a couple years or so, and now I've just been served a summons to appear in court. They are suing me for the $3500. This is my fault and I owe them the money, but there is just no way I can pay it back right now. I'm in debt and am not even getting by -- i'm living paycheck to paycheck and it's still not enough. This all started from sports gambling, and I let it get out of control. Anyway, I'm not going to bother going to the court date, since I now the judgement will go against me anyway, I have no excuses. If I go to the court hearing or whatever, I'd have to explain to my employer and I'd rather not, since the outcome will the same either way.

What I'd like to know is, what will happen next, after I get the judgement against me? I have absolutely no way to pay them back - if anything I could only afford to pay off $50 a month. The only thing I own of value is my car. Will they get some repo man to take it? Is there any chance of me going to jail (i doubt this since I never heard of anyone in jail for bad credit card debts)? What steps will they take against me after the judgement? I did claim bankruptcy a few years earlier so that is not an option for me. My life is a complete mess as it was, but now I just feel like i'm spiraling down and down. If anybody can give me advice it would be greatly appreciated. Thanks!

friendly advice:

go to the court date & tell the truth, stop gambling, find a good job. 3500$ is nothing, should be no problem to pay them back.

tooran · Nov 25, 2005

pokerfish said:
Anyway, I'm not going to bother going to the court date, since I now the judgement will go against me anyway, I have no excuses. If I go to the court hearing or whatever, I'd have to explain to my employer and I'd rather not, since the outcome will the same either way.

I would suggest go to your court date, explain your limited resources and give your proposal for $50 payments. You have no chance if you don't go. Judges are often reasonable people, and the attorney for CC will recognize something is better than nothing. The judge will too. You will earn points for showing up to take your medicine. Bad things WILL happen if you don't show; repo of your car, wage garnishments, etc. I've seen judges give shocking breaks to defendants on debt suits simply due to the defendants being willing to make some sort of arrangements to pay back.

Other than pissing off your current employer, you've got nothing to lose by showing up, owning up, and offering a payment plan. Good luck.

ZZZSpeedster · Nov 25, 2005

I deal with this sometimes at work
by no means is this anything official...just as I know it

If you do not goto the court date judgement will be rendered against you, and you will be "required" to make good on the debt....You will then get a letter from the court saying that you do hereby owe "$3500" and that you will be charged XXX amount interest annually...

If you have any valid assets they will be taken, and will be used to pay off towards your debt...Depending on your local state laws, it will determine on exactly what they can take....This will also determine how/if your wages are garnished....Your employer will receive a letter stating the amount of the wager garnish, this will probably be handled just by H.R. and I don't know if your boss would find out per se...

By not showing up in court, you are not necessarily making it "worse" but it would be BETTER if you did.....Not showing up basically says "this debt owed I am responsible for and I am not contesting it".....You will not get PENALIZED for not showing up, it's just usually better to FACE your circumstance than to ignore or run from it....

Also, once judgement is issued against you, the court records will be public, and if someone does a search for lawsuits against you, it will appear...

Hope this helps

juice · Nov 25, 2005

I agree with these other guys. You have to realize the CC company WANTS to get their money back, one way or another. If you go to court, explain your situation and have them garnish your wages or go on a payment plan, they will probably go for that.
If you just don't show up, you'll probably be in much deeper sh*t.

Good luck regardless of what you do.

crazyivan · Nov 25, 2005

I'd recommend showing up.. You have more to lose for not showing up. :sad3:

ZZZSpeedster · Nov 25, 2005

juice said:
I agree with these other guys. You have to realize the CC company WANTS to get their money back, one way or another. If you go to court, explain your situation and have them garnish your wages or go on a payment plan, they will probably go for that.
If you just don't show up, you'll probably be in much deeper sh*t.

Good luck regardless of what you do.

Regarding this...Good point I forgot to add in my post

If you do NOT show up, the judge will not help you...He will garnish your wages according to your income and using a generic "model"

If you show up, and explain your situation, he will be more inclined to work with you...and the % would be smaller in most likely hood....

If they end up garnishing way too much, you'll probably end up having to go BACK to court just to get it lowered, which will be MUCH more of a pain, than showing up for 1 hour and getting it settled PRIOR to that happening

VaultedTreehouse · Nov 25, 2005

Obviously you show up. Say what you need to. Most times a CC company will cut a deal with you if your situation is that dire. Less than full amount but more than half....Your credit rating will be shit forever after this, but that is the least of the issues...Please do stop gambling. You have to.

TTinCO · Nov 25, 2005

Never heard of anything like this in my life. Why aren't they going the collection agency route?

Does this involve $3500 worth of chargebacks?

DrunkenHorseplayer · Nov 25, 2005

I'm assuming that you're being sued by a collection agency and not Capital One; if so, check out this link: http://www.budhibbs.com/judgment.htm . Regardless of who's suing you, it's ALWAYS better to show up. If you need a lawyer go to www.naca.net and click on "find a lawyer" and follow the instructions.

ZZZSpeedster · Nov 25, 2005

TTinCO said:
Never heard of anything like this in my life. Why aren't they going the collection agency route?

Does this involve $3500 worth of chargebacks?

You should see the amount of these I see a day

Its way PAST the collections route

After 6-12 months of attempting to collect (maybe a little more) they go this route.....This is after all attempts to collect in any manner fail....

Could be chargebacks, but it sounds just like normal spending/not being able to then pay

PatPatriot · Nov 25, 2005

It will cost them money to take you to court see if they will take 50 cents on the dollar its worth a shot their is also some companies out there that will try to negotiate this for you.

jeckll · Nov 25, 2005

Belch One said:
I'm assuming that you're being sued by a collection agency and not Capital One; if so, check out this link: http://www.budhibbs.com/judgment.htm . Regardless of who's suing you, it's ALWAYS better to show up. If you need a lawyer go to www.naca.net and click on "find a lawyer" and follow the instructions.

" Now the burden of proof kicks in. Can the debt collector prove what he has alleged? Probably not. Once you are sued, you can begin to ask for documents that validate the debt. How did they document their claim?

Under this new set of rules, most debt collectors will re-evaluate the situation. They know they are about to be asked to produce documents that they cannot obtain. They also understand they may be placing themselves in a potential perjury situation. If they have lied in their affidavits - and in most cases they have - they probably don't want to proceed to court and discovery where they could be held accountable for those lies."

that sound rediculous to anyone else?

suzecat · Nov 25, 2005

Completely agree with the advice given already...........you have to show up for court or you give carte blanche to Capital One to ask for whatever amount they dream up, i.e., attorneys' fees, court costs, interest, penalties, etc. Not showing up tells the court that you don't care about the problem and are not interested in resolving it. Unfortunately, that is usually interpreted as not giving a shit what the court thinks and the book will surely be thrown at you.

Kornholio · Nov 25, 2005

My brother (not Illini) got the crap kicked out of him by his girlfriend, bloody nose, 2 black eyes, cuts all over his face and neck....blood everywhere. He did not lay one finger on her, but he is the one that got arrested and is facing charges, a made up charge of damaging property.

The kinda situation you just wanna say screw you, I'm not paying for something I didn't do. I didn't do anything so I am not even gonna bother. But life isn't fair sometimes, and he has already had to pay 1000, and more is coming (as well as the criminal record).

You can't run from your problems, do like everyone else here says and go to your court date. Stop Gambling, and learn to manage money. You gotta start somewhere. Good Luck.

ZZZSpeedster · Nov 25, 2005

Kornholio said:
My brother (not Illini) got the crap kicked out of him by his girlfriend, bloody nose, 2 black eyes, cuts all over his face and neck....blood everywhere. He did not lay one finger on her, but he is the one that got arrested and is facing charges, a made up charge of damaging property.

The kinda situation you just wanna say screw you, I'm not paying for something I didn't do. I didn't do anything so I am not even gonna bother. But life isn't fair sometimes, and he has already had to pay 1000, and more is coming (as well as the criminal record).

You can't run from your problems, do like everyone else here says and go to your court date. Stop Gambling, and learn to manage money. You gotta start somewhere. Good Luck.

Sounds like he didn't get a good lawyer....

It's just like TV...If you get a good enough lawyer (albeit expensive) they can get you out of almost anything (not talking murder, armed robbery, etc..)

It's just like gambling though..you gotta pay to play

Willie99 · Nov 25, 2005

I'm an accountant and have some experience with these matters involving my clients.

Once a judgement is rendered, they can levy your assets and garnish your wages. They can serve notice to your bank and take any money out of your checking account. If this is not enough, they can contact your employers and have them send part of your wages to them. Re-po of your vehicle is less likely, involves too much worl for them.

My advice is two fold.
1) Do not ignore this matter, it would only get worse. Once a judgement is rendered, they will still accept installments. Contact them and you'll feel a lot better.

2) Before a judgement is entered, you can still contact them and they may settle for less. Tell them the truth and kiss their ass.

Just don't ignore it any longer, that will only make matters worse and cause you additional stress.

Good luck

:103631605

Willye · Nov 25, 2005

lol a credit card company are you kidding, just say you have no clue what their talking about, you did not make the charges etc etc never heard of a summons for 3500 if you did it online just say you have no idea what it's for card was never swiped... :suomi:

gl

Please Help! I'm being sued by CC company, now what?

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