I am just looking for any input, advice...I have been delinquent with Capital One CC for well over nine months due to financial hardship. The balance is now up to 19k (was 15k). I also have another creditor American Express in which I was in the same situation. AE served me a summons and I did manage to call the attorney's and work out a five year repayment plan, no interest and am going to try my best to make that work. With not paying any interest I can see a light at the end of the tunnel. Capital One served me as well. I did respond to the summons to buy time and try to work it out. I called the attorney's office for them and she said they do not do long term repayment and my payment required to keep it from going to judgment would be 850.00 per month. Not even close to reasonable in my circumstances. I am not sure what to do. I have been sent First Interrogatories, First request for admissions and request for production. I have a friend who works for an attorney who offered to help me fill out the paperwork. Should I bother?? It may buy me more time but will it just rack up more attorney's fees. Obviously I am responsible for the debt. Is it possible a judge will force Capital One to work out reasonable payment amounts?? If not then why should I try?? I am in Real Estate and have no salary to garnish. They can lean my home but what else can they really do?? Then I can make payments to the court to start paying off the amount. Any insight into the best path to take in this situation??
SOLS in Florida: Oral agreements - 4 years Written agreements - 5 years Promissory notes - 5 years Open ended accounts - 4 years. I assume credit cards are open ended.
I was current always until I just could not swing the 450.00 month payments any longer. I had the card for about 4 years prior and was always in good standing. It is in county court due to the amount. No hearings...I just responded to the first summons via mail and no court date has been set.
I am married...my husband has nothing to do with the card as we were just recently married. Seperate checking accounts. I am in Real Estate so no wages. It may have been just a bit over a year...time is flying. Attached to the complaint was my agreement with Capital One and copies of invoices I believe. When I replied to the initial summons I just put denied to each line.
By saying in Real Estate, you own your own business? If so, how are you compensated? What is the business structure? Or, you are an agent working on commission? Do you receive a 1099 or W-2? By just denying and offering no Affirmative Defenses, opposing counsel will move for Summary Judgment. Search for Sworn Denial on this board. Does your husband have wages greater than you?
I work for Century 21 and get a 1099 at the end of the year. I work on commission only. The market is not good and I was in an auto accident in November that is consuming me but that is a side point. I realize that I owe the money, no denial there, no defenses. However my main question was if I go throught the motion and make it to mediation before trial is it possible the judge can force or suggest Capital one to offer me a reasonable repayment amount?? Thay are saying 850.00 a month is the minimum accepted. I worked out my American Express for a five year repayment at a reasonable amount and all the interest and BS fees are stopped. I recieved the interrogatories, etc. Is it worth filling out and going forward? Or am I dreaming that the above will happen. The judgement is in my name only as I had it years before I met my husband. All our financecs are seperate including checking accounts. Do you think he would be affected? Would the legal system allow Capital One to target him for my debt? That would not make sense. I put in Sworn denial and only a few threads came up. Is there further terminology that I can look up to get your point. Thanks for your time!
You mention a judgment. Have you been previously sued and they won a judgment? How did we get from nine months delinquent to a judgment? I must be missing something here.
I was issued a summons in November by Capital One. It had been about a year since a payment was made, not nine months. I replied with an answer within the 20 days and replied with denied to each complaint to buy time and work it out if at all possible due to my ongoing financial situation. I was then served with plaintiff's first interrogatories to defendant. I had called the attorney handling the suit. I was told 850.00 per month payments (balance around 19k), no long term repayment plan. No other option except a settlement which I did not even ask about as I have no money. I have not sent or filled out the interrogatories and wonder if I should as I am guilty of this debt. That's where I need direction in, is it worth it to reply??? The same circumstances happened a few months ago with American express and they did work out a 5yr repayment plan of which I have made one payment thus far.
