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Capital One Help Please

Date: Thu, 12/11/2008 - 18:19

Submitted by corriewf
on Thu, 12/11/2008 - 18:19

Posts: 26 Credits: [Donate]

Total Replies: 7


I have posted my situation before here:
http://www.debtconsolidationcare.com/collection-agencies/capitolone-arrangements.html

Well I just got the warrant for the court. Now I just got off the phone with their legal dept and they wont accept anything below half of the current balance which is 4k. If I can't pay at least half, they will take this to court.

I told them I can't come up with the money and they said then a judgement would be entered at the court date. I asked after the judgement would they accept payment arrangements. They said the min they would accept would be 10% which is over 400 a month. I can't afford that. Is there ANYTHING I can do? They said they wont work with me below 10%. And they will garnish my wages.


If you can't afford the amount that they want, then let them take it to court. SHOW up in court and explain to the judge that you want to pay but you can only afford X amount a month. Have some sort of document that explains your monthly income/outgo and justifies the amount you are offering.

Then the judge will decide the payment amount.


lrhall41

Submitted by on Thu, 12/11/2008 - 21:40

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Capital One is tough to negotiate. Judgment seems inevitable. But a judgment is a subject of court and no one can say anything about wage garnishment or anything related to it. The best possible solution that can save you from judgment,seems to me, is filing bankruptcy (either Chapter 7 or Chapter 13). I personally prefer Bankruptcy 13 to 7.


lrhall41

Submitted by on Thu, 12/11/2008 - 21:48

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If you qualify contact legal aid in your area.They might can help.Look up a lawyer on naca.net and see if there are any near you.Maybe call and get someone different at attorneys office and see if they will take monthly payments.I know most will do that IF you sign a Consent to Judgement meaning if you miss the payment they get an automatic judgement.But you might get someone nice this willing to do more for you.I have called and and called until I could get someone nice and several times it has proved to be to my advantage.Otherwise answer summons and hope the court date takes awhile.I know mine can take months and months my attorney said.If it goes to court do as what was mentioned already tell the judge you only have so much money and can only afford XX payment.Wish I could offer more advice, Good Luck!!!


lrhall41

Submitted by on Thu, 12/11/2008 - 22:10

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i am going through the same thing with a cap 1 credit card. i don't your being sued by cap 1. i am being sued by a bottom feeder, apothaker and assoc. i already posted my situation a little earlier this morning. from everything i have read here and other sites the best course is to deny the debt is yours and ask them to prove that it is. most times they can't and i hope that is what happens when i go to court


lrhall41

Submitted by on Fri, 12/12/2008 - 08:42

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Thanks everyone for the kind advice! :)

I wish I could hold it off by doing a validation request but Cap One never outsourced the collection process. I don't think that I have a leg to stand on refusing the debt of the original creditor. The only thing that DOES seem odd is the amount of which the balance has reached. Doesn't seem correct.

Can you file chapter 13 if you own a house?


lrhall41

Submitted by corriewf on Fri, 12/12/2008 - 20:54

( Posts: 26 | Credits: )


are you sure they didn't outsource it. mine both say capital one on the header but are from collection agencies. yes you can file a chapter 13 if you own your home. that is the way to save your home. my nephew did it a few years ago and i believe it took him around five years to complete it but he still kept his home


lrhall41

Submitted by on Mon, 12/15/2008 - 04:34

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