Capital One lawsuit
Date: Thu, 07/16/2009 - 15:54
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.
If you don't have a job then they won't be able to garnish anyth
If you don't have a job then they won't be able to garnish anything. I believe Judgements are good for 20 years. So once you do find a job they will be able to start the garnishment.
i am not sure, perhaps contact legal aid. lyons can be jerks. th
i am not sure, perhaps contact legal aid. lyons can be jerks. they did a bank levy on my friend's disabled father, which is something they cannot legally do. they did reverse the money but it took over a year.
yeah but how do i answer motion of summary judgement. I only hav
yeah but how do i answer motion of summary judgement. I only have 2 days guys... i just wanna delay the default judgement so that i can get sometime to plan out things.
guest, i am honestly not sure but i know someone here will be ab
guest, i am honestly not sure but i know someone here will be able to help.
im really short of time guys... ne help wud be appreciated
im really short of time guys... ne help wud be appreciated
Don't sign a summary judgement unless you are very comfortable w
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"
Whatever you do, don't make the mistake of not showing up in cou
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.
@chrys Its not me... its them who have requested for summary
@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.
I believe you can answer the summons by questioning the amount t
I believe you can answer the summons by questioning the amount they say you owe. Then go to court and ask that they show proof that you owe the debt. They may not even show up for that amount.