NeedHelp_1
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I am hoping that someone can help me. We just got served a summons this morning and have 30 days to answer. The summons is coming from a CapOne CC that is in my husband's name. My husband is unemployed and I make minimum wage and that is why we can not pay the monthly payments. We are needing some help as to how to handle this.

What is the first step we take?

Please help.




Hi -- yes I am watching the dates, I am in new york and it might be diff here -- but I did just receive my date via mail -- 10/21 -- they are six months behind right now -- diff states may have diff rules but they do need to notify you of the date --

Sub: #1 posted on Tue, 09/17/2013 - 23:30

chrissyhen1 chrissyhen1

(Posts: 152 | Credits: 26.12)

You can always look up the Rules of Civil

Procedure online....no need to go to the courthouse.


Chrissy...are you watching the court dockets? They will not send you notice of a courtdate.


Sub: #2 posted on Tue, 08/20/2013 - 01:15

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17210 | Credits: 4746.28)

when you receive a summons always send a response to the court and to the creditor -- make copies of everything and send certified mail -- state that you disagree with the balance they propose -- and go to your local court house -- they have paperwork they can give you for free on how to answer these summons -- they must be answered between 20 -30 days from being served depending on how its done -- keep copies of everything to show you responded -- I'm still waiting on date after responding in april --


Sub: #3 posted on Tue, 08/20/2013 - 00:12

chrissyhen1 chrissyhen1

(Posts: 152 | Credits: 26.12)

Your balance is probably right....keep in mind they have added accrued interest, late fees, court and legal costs. Court and legal costs can equal $800-$1000 and you agreed to pay them.


Sub: #4 posted on Tue, 08/13/2013 - 21:27

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17210 | Credits: 4746.28)

I would imagine the balance is incorrect. The credit limit was 3K and they are claiming that he owes over 4,500. Not sure how I would respond in writing to the courts. Is there a certain form that he would need to fill out? Also I have read things about arbitration. Not sure what that means either.


Sub: #5 posted on Tue, 08/13/2013 - 17:44

Unregistered


Do you have any defenses? The balances is wrong, the debt is not yours? (Unemployment is not a defense.)


You have to show up in court if you want a payment plan. Otherwise they will be free to garnish his wages once he is working and levy your bank accounts. Make sure you have/open up a seperate bank account and keep your wages seperate.


Sub: #6 posted on Tue, 08/13/2013 - 04:46

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17210 | Credits: 4746.28)

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