Capital One court date. Wat to xpect?

First, file a Motion for Discovery as soon as you are able (ask the court clerk).

You will have a chance to negotiate a settlement arrangement before the court date in order to avoid court.

See this site for more info on the civil court process:
"http://www.nedap.org/hotline/court.html"
It is for New York and so may vary in some details with your state, but it is a great comprehensive overview.

You can also Google your county court website and find their civil procedures and any forms you may need.

You can also get a referral to Legal Aid through the court so you can get an attorney at little to no cost.

its too late for discovery... its been 2 months now... i have oral hearing tomo and looks like one sided case to me as this is the hearing for summary judgement. I just wanted to know if there is something i can do or talk in front of judge. Should i accept the debt as mine or still deny it or how shud i go about it?

In court, you should always tell the truth, the whole truth, and nothing but the truth. If you are sure it's your debt then why would you deny it in a court of law? Conversely, if you know it isn't, why would you take the blame?

And just out of curiosity, did you ask anyone's advice when you first got the summons? How unfortunate that you didn't know about discovery! Then again, that is what these collectors hope for - that you either don't show up at or, or you keep yourself in the dark as to proper court procedure. And in a courtroom, procedure is *everything*.

That said, DO NOT give up just yet. Here is a great site on court procedure. Note especially Part Two: What To Expect on Your Court Date.
"http://www.nedap.org/hotline/court.html"
[quote]Examples of clear defenses are: ... you do not owe the debt for some other reason. In this case, you should refuse to enter into a settlement agreement and you should assert your defense at every possible opportunity. [/quote]

So here's wat finally happened. I went to the court... met the plaintiff's lawyer. He offered me settlement of 700 on 1100. I asked 500 and he said not possible. He offered me 50bucks a month for 1100 and an option that in between if i want to go for lump sum settlement they wud accept it.

Filled the settlement form. Accepted the settlement in front of the judge. Case closed.

pradyots...

Just curious...what state do you live in? Does anyone know if Capital One tends to sue in certain states and not in others so much? I'm in NC. Thanks.

Im in NJ Ren.... but they wud sue newhere and everywhere and they would sue u for even 200 bucks. So if ur informed and educated about laws then u maybe able to fight them, if ur naive(which is wat they try to get u on, ur naiveness) u wud eventually end u in some sorta settlement, like me. Although i have read some cases on internet in NC as well. So dont even think they wont sue u. Ur better off settling with them before court case as i have heard u can get out by paying even 50% coz once it goes to CA and court then its hard to get it really down coz of court costs etc.

Im in NJ Ren.... but they wud sue newhere and everywhere and they would sue u for even 200 bucks. So if ur informed and educated about laws then u maybe able to fight them, if ur naive(which is wat they try to get u on, ur naiveness) u wud eventually end u in some sorta settlement, like me. Although i have read some cases on internet in NC as well. So dont even think they wont sue u. Ur better off settling with them before court case as i have heard u can get out by paying even 50% coz once it goes to CA and court then its hard to get it really down coz of court costs etc.

EDIT: sorry for duplicate post