in 2007 i had some capital one credit cards that i was paying every month on time,so they offered me a $10,000 loan in which i took and put in my bank,and made my monthly payments on time every month until about november of 2007 when my youngest son was found shot to death.i had only paided off about half of the loan by then and still had about half of that money in the bank until my son died in which thats were the rest of the money went,taking care of his funeral expense,travel expense and hotel expense because he had move out of state.anyway after that happened i still was able to make my monthly payments until about june of 2008 when i lost my job due to the economy and was unable to make any more payments due to the fact of having to find another job that happens to be such a low paying job that i have to rob peter to pay paul every month so i ending up losing all my credit cards and defaulting on that loan.and now i just got a summons from court this past friday from a company that bought the loan from capital one and they hired a lawyer from my state to sue me for that balance that i can not pay due to my low paying job.what can i do i don't have the money for a lawyer or anything,and i'm worried they might try to garnish my wages.can they do that.i can't have that happen,i'll lose more than what i've already lost.what should i do, i don't know which way to turn,i have a low paying job no money no nothing and i don't know if i should contact them or even answer the summons,for me to answer the summons i have to pay for that to.i don't understand how they expect me to pay for situations i can't pay for if i can't pay for this loan how do they expect me to pay to answer a summons or their lawyers fees.that makes no since to me.and like i said before i can't afford to have my wages garnish.what can i or should i do.
being sued
- Thread Starter sabduljon
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jharris352
New Member
As a father of 6 I offer you my deepest condolences in the passing of your son, especially in such a violent way. I'm sorry you are further going through this insult to your injury. I would write a letter to Capital One's Counsel and tell him this story. Tell him/her that if they obtain a judgment against you that you will be forced to bankrupt against them. If you are fortunate they may take your situation into consideration.
If you do have to bankrupt it certainly is not the end of the world. If you have collections and charge offs it will actually HELP your credit to clean them all up at once. If you do Bankrupt, be sure to send your petition and your final discharge to the three major bureaus so that your credit report accurately reflects the current condition. Then, as soon as you can get a small loan and pay it faithfully. This will help you reestablish credit.
Keep your chin up. The bankruptcy system is there for just such an occasion. Don't sweat it.
If you do have to bankrupt it certainly is not the end of the world. If you have collections and charge offs it will actually HELP your credit to clean them all up at once. If you do Bankrupt, be sure to send your petition and your final discharge to the three major bureaus so that your credit report accurately reflects the current condition. Then, as soon as you can get a small loan and pay it faithfully. This will help you reestablish credit.
Keep your chin up. The bankruptcy system is there for just such an occasion. Don't sweat it.
mightymoose
Moderator
They can't take what you don't have.
Check with the court about fee waivers. If you are in the financial mess you say you are then you should qualify and not have to pay anything at all.
Don't ignore the summons. Either appear in court or submit your written response or both. Even if they get a judgment, when you complete your income/expense declaration they will see that they will be getting next to nothing for their efforts.
If you contact them as mentioned above, you might find they are willing to work with you. They will spend more in legal fees getting a judgment against you than they will recover from you in a wage garnishment... pursuing you is not in their best interest right now.
Check with the court about fee waivers. If you are in the financial mess you say you are then you should qualify and not have to pay anything at all.
Don't ignore the summons. Either appear in court or submit your written response or both. Even if they get a judgment, when you complete your income/expense declaration they will see that they will be getting next to nothing for their efforts.
If you contact them as mentioned above, you might find they are willing to work with you. They will spend more in legal fees getting a judgment against you than they will recover from you in a wage garnishment... pursuing you is not in their best interest right now.
do i contact the court or the lawyers who are sueing me.
do i contact the court or the lawyers who are sueing me.
follow up 1
They can't take what you don't have.
Check with the court about fee waivers. If you are in the financial mess you say you are then you should qualify and not have to pay anything at all.
Don't ignore the summons. Either appear in court or submit your written response or both. Even if they get a judgment, when you complete your income/expense declaration they will see that they will be getting next to nothing for their efforts.
If you contact them as mentioned above, you might find they are willing to work with you. They will spend more in legal fees getting a judgment against you than they will recover from you in a wage garnishment... pursuing you is not in their best interest right now.
do i contact the court or the lawyers who are sueing me.
They can't take what you don't have.
Check with the court about fee waivers. If you are in the financial mess you say you are then you should qualify and not have to pay anything at all.
Don't ignore the summons. Either appear in court or submit your written response or both. Even if they get a judgment, when you complete your income/expense declaration they will see that they will be getting next to nothing for their efforts.
If you contact them as mentioned above, you might find they are willing to work with you. They will spend more in legal fees getting a judgment against you than they will recover from you in a wage garnishment... pursuing you is not in their best interest right now.
do i contact the court or the lawyers who are sueing me.
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