I just received a court summons for a four year old debt. What do I do next?

Date: Tue, 07/12/2011 - 15:02

Submitted by anonymous
on Tue, 07/12/2011 - 15:02

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Total Replies: 1

Backstory - paid the card right until I had my son. Couldn't afford the payments and now here I am four years later. Capital One just served me with a court summons for roughly $1100. What do I do next? Is there a way for me to contact them before we go to court? If I go to court, do they automatically garnish my wages or do they try to work out a payment plan? Terrible thing to find out when you're already struggling to support a child.

Credit card debt

Hi,

As you have been served with the summons, you will have to answer to that within the stipulated time. Otherwise, the creditor can directly win a default lawsuit against you and start garnishing your wages and bank accounts.

However, can you please tell me the place you live in? Because, it is important for you to find out if at all the creditor can sue you after 4 years. There is a law on the time limit within which the creditor can sue the debtor for non-payment of debt. This is known as the Statute of Limitations or SOL. The SOL varies from state to state.

If you go to court, they cannot simply start garnishing your wages. The judge will issue a court order and only then can the creditor start garnishing. However, you can try to get an out of court repayment plan or settlement on this debt of yours. Remember to get a written proof on this agreement.

Hope this helps.

Marvel Becks

lrhall41

Submitted by marvelbecks on Tue, 07/12/2011 - 21:27

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