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Discussion Starter · #1 ·
Sorry to post about all my finacial struggles at once. I really need some advise/tips/direction.

Last night a man came to our door at about 9:00pm and handed my husband papers summoning me to court. Apparently Capital One, who states they are "hassle free" on their commercials, has filed a lawsuit against me for $1800.

I need some advise from those who have been through this.

So what are my options?

1. Call the attorney listed and try to settle out of court.
2. Wait until the court date?
3. Find my own attorney and have them contact the attorney listed? If so, how do I go about finding a legit/honest one?

Thanks for your help. I am really stressed out about all this. We have other debts we are struggling with.

Sorry for the long post, I do not mean to annoy, I just need to talk with others about how to dig out of this mess.
Thanks for your replys.
 

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I don't know if it is the same but i had to go to court once over a bounced check. They really worked with me. All they really want is their money. I pay 10 a week and it has to go through the clerk. I wouldn't stress out about it. Go to the first court date and see what it is about and then see if you need a layer.
 

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Okay is this a court appointment to file a judgement against you? or something else? The rest of my answer will depend on this answer.
 

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do you have a past due account with capital one? do you owe them money? odds are this account has gone past collections and now is in legal standing. you could try to call capital one and see what they say...

while 1800 for capital one isnt a large sum of money, i worked for and dh currently works for a financial institution and they do take all legal avenues to collect the funds... the bad thing is once it gets to court you also become responsible for all collection/court costs...

id call them in the am and get the full story
 

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Okay so a judgment is different than being sued. A judgment is the first step a creditor has to take before they go on to the next legal step like wage garnishment or house lean. Is it capital one themselves or the credit agency they sold your account to that is filing the judgment? My bet its a collection agency. The good news is that after getting a judgment, they will probably sit on it for a while before coming after you with one of those things. You will have to pay court costs but things like late fees and over limit fees that they are surely adding on each month right now will stop. So it's a trade off. Capital one is a PITA to work with by the way. They are one of the most predatory cc companies out there. Even if you are in credit counseling, they will not lower your interest rate when you enter a payment plan.

Good luck mama!
 

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Discussion Starter · #7 ·
Well, I called the Lawyer on the papers that were delivered to me. My best option was to arrange a payment play with him. I no longer have to appear in court, or be threatened with having a sheriff come to my home and take my things.
:
 

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^^ That's what happened with my case. Basically it all got settled out of court and that I agreed to the payment plan that the firm and I agreed on. I hope it's smooth sailing from here on...
 
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