Credit card warrant - help!

Hi Trina,

In order to garnish your wages, creditors require court orders for it and it needs to be approached legally.

Since one of your credit cards has added up with all the financial charges and the creditors are not willing to negotiate it, I will suggest you to take the expert advice from the consultant.

I believe that the consultant will be able to offer some valuable suggestions so that you are not on the way to get your wages garnished and your debt gets negotiated within your creditors.

Regards
Roxette

Even if they take you to court, you'll only be required to pay around 25% of the oringal debt. It'll help if you took notes of when you contacted them required settlement. The names and/or letters of people you've talked to, etc...will all help. The interest rate seems to be awfully high, and could actually be dropped. In any case, be prepared to pay around $40/week for about about 4 months. Contacting one of the debt consultants and even getting a free consultation from an attorney will all help...when the time comes (IF) you happen to be taken to court.

Keep us updated. We're all here to help!

Hi trina,

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Like Buddy just did?

You can quote using the following tags

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Regards
Roxette

Quote:

:D Welcome

Thanks to Roxette, Mikey and Buddy- for all the info. very helpful. It's scheduled to go to court tomorrow. Should I try to set up a payment plan prior to court or wait until the judgement???

That's totally up to. If it's set up by the court, you could be paying 25% for the next 4 months or whatever. Sometimes shorter and sometimes higher percentage. But be prepared. Take into the court proof of things you need, etc to live off of. That way when the judge calculates what to garnish, he's being fair.

Most judges are somewhat fair when it comes to the percentage and for how long.

ok, thanks. I won't be able to attend court, it's 6-7 hrs. away from where I live. The credit card company said I didn't need to be present. Not sure what my rights are?? Does going to court automatically mean garnishment?

WOW...I've never heard that before. I've never actually attended court for garnishment, but have had 2 different friends go to court where a representative was present from the CC company.

It doesn't actually say garnishment (just a warrant for the debt). I just wondered if the judge usually grants a garnishment? My husband is disabled and we live payday to payday, don't know what I'de do if they garnished my wages. I'm of course willing to make reasonable payments. I'm definitely going to sign up for counseling through this site, what a great service. and thanks for all your help too!!

I would suggest signing up now. Perhaps you could even find out the company that will be handling your situation in your area and contact them first.

ok, will do. I have 2 days before court. The CC company is capital one, they are tough to deal with and each representative says something different each time I call.

How long did you go without making a payment before they cancelled your credit card and took it to court.

I have CapitalOne myself, and haven't made a payment in 3 months...(I know I know)...I'm kind of behind and planned on paying $80 this weekend, but the minimum is $208. (I planned on paying the remaining balance a week later.)

Made a payment in May!!! My balance was $657 2 years ago (haven't used it since then) and now w/interest, etc. it's $1915!!! I got some extra money (wedding gift) in December and paid all my other cards off. this was the only one that wouldn't make a settlement, so I paid them around $300, and a min. pmt of $50 in May. Got behind the last 3-4 months and they say a min. pmt is $1000 now!!!! I should have payed what I could instead of ignoring it, look where I'm at now-YIKES! Anyway, I don't use credit cards anymore, but I also have no safety net for unexpected bills. In this case, I payed my other bills and pushed this one to the side. I owe some payday loans too (bad,bad,bad). Where you able to negotiate w/cap. one for your pmt?

I just set up 3 different payments with them over the next 3 weeks. I'm actually 3 months behind, and $200 over.

I know, I know...

I am trying to maintain everything at a zero balance and trying not to let anything get behind. I am just now begining to understand the importance, especially when it comes down to buying a car, or getting a house.

I was just concerned that this was at an outside agency. They tell me it is, but once when the payments go through, my car will be reactivated (taken off the suspended mode).

Yes definitely, I just bought a house (one reason I'm behind on this debt) and my low credit score made my interest rate higher. I can refinance in a year to a lower rate if I can pay these on time and improve my score. also have a high rate on my car loan, so my house and car payments are higher as a result!!!

I don't think mine is at an outside agency, just the collections dept. of capital one. You may want to ask them to explain that.

I am doing a debt consolidation and Capital One has been very willing to work with our program. HTHs!

I have even been able to work with capital one myself. I had to speak with a few different people until I got the answer that I wanted!

It went to court friday and they awarded the judgement against me. I couldn't dispute it as court was 7-8 hrs. away! The court said I should try and work out a payment with capital one or they could garnish my wages for any amt. they desired (By law they can garnish all but $125 of my check).

Called capital one: she said the lowest payment they could accept was $340/month!!!!! I told her I can't afford that, I wouldn't be able to pay ny bills. She said I could accept the offer or they WOULD garnish my wages for a larger amt. I had no choice but to set up the drafts. Not sure what I'll do. She suggested I get a second job!! I work 60+ miles away, my days are 12-13 hours anyway.
Any suggestions? I am going to turn it into the BBB to try and get lower payment. Thanks for all your comments

Trina:

Did you actual look at the court papers sent by the court?

Sounds like you got the rough end of the deal. If you're not working those 12 hours, I would suggest moving closer to work, or perhaps finding something closer. $340 is a lot of money to some people. In certain areas, that's 1/2 of a weeks pay.

I'm hoping you stay away from payday loans to keep up on finances. That got a lot of us in trouble.

I would also recommend calling the court again. You really should't have agreed that payment to CapitalOne without saying you'd get back to them. Always use the excuse that you need to discuss that with you lawyer since they aren't willing to work with you. You can get a free recommendation from an attorney usually.

Yes, I saw the judgement from the court. I haven't given capital one my bank acct. info. yet for the actual payment, I told them I would call back with that info. I took your advise and called an attorney (supposed to call me back today) to find out what my right are. Arrording to the court, I don't have any rights since they were awarded the judgement. If I don't agree with their payment arrangement, they can garnish. And to make it worse, there's only one person working on my account, and she has no mercy.

My husband and I just built a house, so it's not really an option to move and I have a good, stable job. But I am working on finding a car pool partner to save gas money.

Yes, I agree- those cash loans are bad news!!!
Thanks for all your advise, it's nice to know I'm not the only one going through this!!

Ohh...that totally sucks. I did the whole commuting thing for awhile and it sucked. The job was awesome. I actually wish I had it, but it was contract, and if I would have kept it...I would have had to move. Traffic was horrible.

As far as the judgement, you don't really know anything unless you talk to the judge. I get these things in the mail saying I won a trip. Gaurenteed from places in Flordia. I never got the trip. But the papers say I did. Just because you got papers in the mail doesn't mean it came from a court. Maybe talking to the judge or his assistant would help. Explaining to them that you don't make that much.

Anyway, and as far as CapitalOne...I fell behind a few months and it's in their inside collections. I'm suprised they're working with me, but not willing to work with you. However I am paying $80/week for the next 3 weeks.

And if it really comes down to it, and I'm saying this as a way to be humorous...

...there are a million ways to eat cheap, and not just live off of ramon noodles. Smashed potatoes with a little shredder cheese, sour cream, salsa, etc...

I had to be super, SUPER, cheap for a month while trying to catch up on a car payment. I didn't realize that with my contract I couldn't default more than 20 days. Come the 30th day, it would have been repoed. So I had to catch up, STAY IN (which was hard for me being a college student), and basically stay on the computer to keep me entertained.

Ohhh...and crap, I totally for got about saving gas. Well actually I did mention it thinking that would be a way to save gas. But it totally slipped my mind that gas is extremely high now. It's $3.31/gallon in the burbs, and about $2.98/city.

By joining this forum you actually start gaining points. Each point is worth a penny, and when you reach $10 you have a check mailed to you, or have it put in your paypal account if you have one.

Thanks mikeyindetroit for spreading the word of how to earn the points in the forums.

Yes, there are various ways to earn as well as to spend. If everyone can analyze the ratio which will be helpful in life, there will be no looking back.

Regards
Roxette

Yes, thanks Mikey- I will sign up this afternoon. I also siogned up for the debt consolidation. Not sure if they can help with a judgement, but it's worth a shot. I'll update the forum with any helpful info. I get from them.
Thanks again!!

Hi Trina

You can always take a free consultation to solve all your debt related queries. The creditor will help you in finding the correct ways to make your payment process easier during judgment.

Got a call from the consultant- they said since it has gone to court that they can't help me in negotiating!!! I'm not sure what to do, $300/month will break me. any ideas?

Hi Trina

I think that you will have to stress more on a budgeting living and reduce all the unnecessary spending. Savings is a must so that you can afford to make your monthly payments.

Regards
Roxette

Trina

Have you signed up yet? When you sign up, it'll also ask you for a type of "screen name" that'll be displayed (like Trina for instance) and you can start earning points. I've noticed you're still posting, and those posts all count.

If you don't wish to speak with a debt councelor yet, that's fine...but at least you'll be earning those points. And the debt councelor will only contact you once....

I can't believe that they would make you travel so far to defend yourself. That just doesn't sound right to me. You would think there would be some way of defending yourself (even with a statement).

I've been in the courtroom for financial issues and usually when the person is not there to defend themselves the creditor will ask for an amount of money, the judge will see the evidence of your debt, and will grant a decent chunk of it to them. Then they can go from there to figure out how they debt will be repaid.

Are you both in agreement for the debt total? Perhaps this is why they've decided to go to court? Not to garnish your wages, but to have a court-backed order saying you do in fact owe the amount of money they're asking for.

I don't know - I just know it struck me as odd that they'd make it so hard (far) for you to defend yourself. That would irk me!

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!!

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!!!

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

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