CAPITOL ONE HAS SENT ME TO COLLECTIONS AND NOW THE ISSUE HAS BEEN TURNED OVER TO A LAW FIRM. WHAT’S NEXT?
By | Published: August 29, 2010
I was laid off only after removing a credit label by capitol one. we was late upon a couple of payments as well as a fees got so tall we couldn’t have any payments. Now a debt has been charged off as well as sent to a law firm. If we can’t compensate a volume they’re asking for will we go to jail? I’m anticipating someone who has been by this will answer my subject . No guessing please. we need facts. Thanks so much.
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The law form will contact you several times and then will eventually petition the court for a creditors hearing at which time you’ll be required to fully and honestly disclose every single asset you have, as long as the attorneys ask questions correctly. Anyway, they’ll most likely start attaching things at that point and the first thing will be your paycheck. You need to negotiate something or you’ll lose a big part of your income and/or will be forced into bankruptcy. The entire process will most likely take a couple of months but it could be longer. Just know that you will be garnished almost immediately after a creditors hearing.
They did the same thing to me. I got a lawyer, and I did not even have to show up to the hearing. My lawyer showed them I don’t have assets or money, and I agreed to pay them back a reasonable monthly fee, and they left me alone. They will not take you to jail. They just want something on paper to show you owe them money. As long as they get something, they are happy. They did not garnish my pay. They did not attempt to garnish. That is if you actually have and make a lot of money. THey cannot get money if you don’t have it. Do not worry. They are just trying to scare you.
First, you will NOT go to jail….You cannot go to jail over debt in the USA as it’s against the U.S. Constitution….FYI: A lot of collection agencies like to pretend to be law firms as a dirty tactic to scare you. This is a violation of the Fair Debt Collection Practices Act….read up on this act and understand your basic rights…See link below.
The following behavior is not allowed under the Fair Debt Collection Practices Act:
Misrepresenting the debt or using deception to collect the debt, including a debt collector’s misrepresentation that he or she is an attorney or law enforcement officer [7]
Debt collectors cannot take your firstborn child…they cannot send the sheriff to your house to have you arrested for not paying…….You will definitely know if they are really taking legal action as they will serve you papers for a court date….
We don’t have debtor’s prison in the US. The collector will hound you for payment. Eventually, they might sue. You’ll get a court summons. They will win a judgment since you do owe the debt. Then they can use that judgment to attach your bank account, garnish your wages, and lien your property.
Judgments are good for 10 years typically and can be renewed. They can just wait till you actually have a job or something to attach.
I don’t have a real answer for you but Capital One has caused me and others I know headaches! I’m currently in a similar situation as you where fees and interest are piling up to where my minimum monthly payments feel like they are being lit on fire. I know it’s best to pay more then the monthly payment, but somtimes that’s all we have. “Hassel free” card my butt!!
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