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Old 10-24-2010, 03:01 PM
angelulildevil angelulildevil is offline
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Join Date: Oct 2010
Location: Cook County, IL, US
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Default Received a summons. Advice?

Hello -

This is my first post and I really don't know who or where to turn to. I'm scared, and frankly embarrassed that I have to do this.

Yesterday I received a court summons from the Circuit Court of Cook County for a debt I have with Capital One in the amount of $1,987. Blitt and Gaines is the firm representing them.

I am not disputing the debt. I agreed to pay it, then do to extreme financial hardships, was unable to do so. This are starting to pick up, but not by much. I make $396 every two weeks. I can probably squeeze out a payment every 2 week for $50, but that's really the best I can do at this point. I have no assets, but am working on getting a second job to start paying this thing off. It's the last credit card debt I have.

By big problem is that the court appearance needs to be filed on November 4th, and I can't afford the $183 the want to make that appearance. Also, I'm not going to be able to get off work. I've already emailed Blitt and Gaines (they are closed on the weekend) and explained my situation in hopes that we can come up with an agreement before Novemeber 4th. Is there anything else I can do?
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Old 10-24-2010, 06:09 PM
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DavidBibby DavidBibby is offline
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Join Date: Jun 2010
Location: Palm Bay, FL
Posts: 415
Default Re: Received a summons. Advice?


The best thing that you can do is try to make a payment arrangement with the Blitt and Gaines law firm. There is no point in even going to court because you not going to win the suit. Let them obtain the default judgment and then stay in communication with them.

The persons you speak to at Blitt and Gaines are more likely to be respectful of your situation if you are earnest about paying them back. It's like speaking to civilized people again, which is so far removed from the past credit card collectors.

If you don't show up in court, they get a default judgment, which is not the end of the world.
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Old 10-27-2010, 03:14 PM
cjscully cjscully is offline
Join Date: Oct 2010
Location: California USA
Posts: 90
Default Re: Received a summons. Advice?

Here are the big questions:
Do you have any assets that would be vulnerable in the event of a judgment?
Is wage garnishment an option once Capital One obtains a judgment against you? (the judgment is inevitable as David has already said)

The answers to these questions can vary from state to state. For example, there are states that do not allow wage garnishment.

I would find out what kind of free legal aid is available in your community to help you get the correct answers to these questions.

If you are more or less judgment proof, you don't have to enter into monthly payment arrangements at all. You can put whatever you can afford aside until you have sufficient funds to negotiate a settlement on the account. They may take 70% of the balance or less if they can get it in a lump sum payment. They're not obligated to settle and some creditors refuse to do so but it's worth a shot.

The above strategy could be applied if you're not judgment proof but that's risky. You're rolling the dice that you would be able to fund a settlement before the creditor takes action to enforce the judgment.
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