logo

Debtconsolidationcare.com - the USA consumer forum

Capital One lawsuit

Date: Thu, 07/16/2009 - 15:54

Submitted by pradyots
on Thu, 07/16/2009 - 15:54

Posts: 10 Credits: [Donate]

Total Replies: 10


I had a CapOne card for $500 while i was a student. I lost my job and stopped paying on it. Now a company named Lyons Doughty and Veldhuis P.C. from NJ has filed a lawsuit against me. They want $1100 on $500 card.

I lost job in October of last year and graduated in dec. and don't have a job since then. I initially got a court date which this company which is a collection company rescheduled for Sept. 1st.

Now i receive a letter in mail which is MOTION OF SUMMARY JUDGEMENT, which i have to answer by 20th of this month to avoid default judgement in their favor. They have attached the copy of my original hand written application, contract and i think the final stmt from June 08 when it was $857.

I wanna know wat should i answer in the court b4 20th and wat are my options. I don't have a job since october so there is no way i can pay them. I can arrange upto $500 which was my initial limit but do u think that would help??

Thanks,
Prady.


Don't sign a summary judgement unless you are very comfortable with it. A summary judgement is still a judgement. I think it is better to go to court on this one, because you will have a chance to work out an equitable payment arrangement and avoid it going to judgement.

Here is a really good site about the whole civil court process. It is for New York so it may vary in some details with your state.
Negotiating A Settlement Agreement in Court
"http://www.nedap.org/hotline/settle.html"


lrhall41

Submitted by Chrys Henderson on Sat, 07/18/2009 - 04:31

( Posts: 2538 | Credits: )


Whatever you do, don't make the mistake of not showing up in court. If you owe the debt and are not able to pay, show up and tell the judge. There could be a limit on the percentage Cap One's representative is able to charge according to your state's statutes. If you don't show, the firm hired by Cap One will win a default judgment on their terms, period. Better to show up, face the music, explain your circumstances and have it behind you. If you could work out a payment plan with the plaintiff before court, so much the better, but I know time is very short. At this point I doubt the judge would accept a delay, but if you express a willingness to work with these people, he/she might be able to create a deal that would work for everyone.


lrhall41

Submitted by on Sat, 07/18/2009 - 07:25

( Posts: | Credits: )


@chrys

Its not me... its them who have requested for summary judgement. If i dont answer by submitting my response to the court by monday they get default judgement and win it. So i have to answer something by monday. I dont know how to answer the summary judgement.


lrhall41

Submitted by on Sat, 07/18/2009 - 07:34

( Posts: | Credits: )