I found out from the court (after the fact) that I could have requested a change of venue to a court in my area. Capital one used the court in their area. The court granted the full amount that they requested - most are finance chages, late fees, etc. They are planning on garnishing if I don't pay the $300 payments. But, am I seeing an attorney next week to try and reduce the payments, hopefully he can help. Roxette made a good point, I do need to budget more carefully and I am working on that. My husband and I are building a house which should be finished in Nov. My house payment will be almost twice of what my rent is, so this really happened at a bad time. I really should have tried to work out a payment plan before court. Thanks, Mikey, for the info. glad I won't lose the points until I get signed up!!

[Teleport]

Well hell...

my mother and I both have Capital One and get our late fees waived. We're only usually late 2 (maybe 3) times a year. Over limit fees are also waived.

I don't see why you wouldn't be able to get those dropped as well. $29 a month for 6 months, plus the $29 a month for 6 months for over limit fees adds up.

Is there anything else that could of been done? I'm glad to know that we can request the court to be in our area!!!

[cryptowizard]

See, I knew that didn't sound right. At least we can share that with others now.

According to the Texas finance code, a creditor can only file suit against a consumer in Texas in the county they reside in. Alot of state finance codes state this, but the creditor wont tell you that. They will file in their state and expect you to travel to them.

Thank you all for all your help!!! Please see my posting under credit repair- I have some updated info. that I hope will help others in the same situation

[ben]

Oh good!! Trina, I will have a look and let you know.