Capital One issues again

[Anonymous]

Ok...so i called Capital One about the whole lawsuit thing and they told me that they would not put me on a payment plan of 50.00 a month because we are set to go to trial on the 22nd. I also called the court district that they have the case set in to get the venue change and they told me I had to do it within 30 days. So I KNOW for a fact that I can not go to court. Do you think I should just send in 50.00 anyways? I don't have a bank account or a car for them to take or place a lien on. I just don't want them coming to my house arresting me or something like that. If they would let me make some type of payments I could do that but they are not working with me at all.

[Anonymous]

Yeah but if they win they will likely call for a supplementary proceeding, where they can find out your income, and assets, and request wage garnishments and such.  You can call the court and ask for a continuance, that would give you more time.  I would advise consulting a lawyer.  Perhaps tell capital one you plan to secure a lawyer and dispute the debt.  They wont like that because that will cost them time and money, and they may be more willing to work out a payment plan.. You would still have to go to court, and show the plan to the judge.  If this works for you, make absolutely sure you can make the payments.

Message Edited by fender on 05-09-2008 10:27 PM

[Red1Blue]

If there is a hearing, make sure you attend it. If you dont attend, it becomes default judgement and you would a judgement reporting on you CR for 11 years which is worse than having few lates reporting. Talk to CapOne Atty and see if you can work out some details. Also if you miss hearing they can have arrest warrant issued for your arrest. So be cautious with this kind of legal issues.