Can someone talk about the court process
Date: Wed, 06/22/2011 - 15:44
I received a summons today. I answered the summons and sent it back to the lawyer and the court. What can I expect now in regards to....
How long before I hear back from them?
Is it possible to call the lawyers office (They're trying to collect for Cap One) and try to arrange a payment plan before it goes to court, if so how receptive are they to this in your opinion/experiences?
If it does go to court how does the judge go about rendering a decision? Lets say for instance I lose the case. Will the judge make me pay all at once (I don't have it all) or will he let me make a payment plan?
At what point would they try to garnish your wages and clear out your bank accounts? My wife and I have a joint account, in it theres 2k dollars thats being used towards her schooling (Her money) and I would absolutely die if they were to take that from her.
Please, can someone help answering these questions for me?
Can someone talke about their experience with this whole process?
I've been reading the boards for a while but I have yet to read any other folks story and experience going through this process
Thank You
-Mark
How long before I hear back from them?
Is it possible to call the lawyers office (They're trying to collect for Cap One) and try to arrange a payment plan before it goes to court, if so how receptive are they to this in your opinion/experiences?
If it does go to court how does the judge go about rendering a decision? Lets say for instance I lose the case. Will the judge make me pay all at once (I don't have it all) or will he let me make a payment plan?
At what point would they try to garnish your wages and clear out your bank accounts? My wife and I have a joint account, in it theres 2k dollars thats being used towards her schooling (Her money) and I would absolutely die if they were to take that from her.
Please, can someone help answering these questions for me?
Can someone talke about their experience with this whole process?
I've been reading the boards for a while but I have yet to read any other folks story and experience going through this process
Thank You
-Mark
Quote:How long before I hear back from them? You probably wont.
Quote:
How long before I hear back from them? |
You probably wont...you need to watch the court dockets to find out when your court date is.
Quote:
Is it possible to call the lawyers office (They're trying to collect for Cap One) and try to arrange a payment plan before it goes to court, if so how receptive are they to this in your opinion/experiences? |
Yes it is possible. However, unless you get it in writing that they are dropping the court case, you need to still show up in court. You have to watch the dockets.
Quote:
If it does go to court how does the judge go about rendering a decision? Lets say for instance I lose the case. Will the judge make me pay all at once (I don't have it all) or will he let me make a payment plan? |
Unless you are paying it in full or get a settlement prior to going to court, they will win. You are in breach of contract and the judge has no choice than to rule in Cap Ones favor. You may be able to get a "contingency judgment"....payments are set up and provided you make them on time, the attorney agrees not to garnish your wages or levy your bank account. Miss or be late on a payment and the agreement is voided.
Quote:
At what point would they try to garnish your wages and clear out your bank accounts? My wife and I have a joint account, in it theres 2k dollars thats being used towards her schooling (Her money) and I would absolutely die if they were to take that from her. |
Bottom line...your wife needs to get her own account.
Thank you very much soaplady Very very helpful, I never would
Thank you very much soaplady
Very very helpful, I never would have thought to even look at the court dockets