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imadheartyou | What's the difference of going to court and not going to court for credit card debt.? |
I have a summons to court for next week for capital one credit card debt that's indeed mine and if I go or don't go the judgment will be filed against me because it is indeed my debt and I know I have to pay what usually happens at these court cases and what happens if I don't show up? |
 |
 
SPIFIMAN1
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Well, if you do go you can make a case for a payment plan and try to work something out for a lower settlement.
If you do not go, they will get a default judgment for the full amount and at that point can attach your bank accounts, garnish your wages (if your State allows it) and file liens on any other property you may own like cars, boats, land and homes.
All of this will show on your credit and make it very hard to get any other type of loans without paying huge fees, down payments and State maximum interest rates. |
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Studly
 |
One of the main reasons you should show up is to be sure the creditor is not taking on a bunch of illegal collection fees. Demand to see an accounting of your account and be sure the collection agency didn't "pad" your debt.
Note that a judgment on your credit report will have a major impact on your scores. If you can somehow negotiate an agreement before it goes to court, that will help.
But if you do not have the money, you don't have much choice.
Note that in many states, the judge has the ability to order "installment payments" that you may find easier to pay. The alternative is the creditor garnishing your wages, and they can take up to 25%. |
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Pengy
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Always, and I mean always show up for these things, because if not they win by default. Big question is how old is this debt? If it is past the statute of limitations (in most states approx 5 years) then you can claim that, and the judgment goes away, if it is not at least you have the opportunity to work out a payment plan without getting your wages, or tax return taken from you. |
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Dan
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from a difference standpoint, it really doesn't matter. Wait long enough and Capital One will be bought out by someone. Ditto Citigroup. They are like rats and love to devour each other.
What will typically happen is that you are in a room with a court reporter, perhaps a low level judge such as a circuit or county judge, might even be a mediator, etc. They will ask you a series of personal questions related to whether you incurred the debt, what is your income, how long have you worked there, etc etc. What they are doing is building a civil case against you. You will be under oath, and perjury rules DO apply, so if you go, tell the truth. But, the reality is that they are going to get the judgement either way, so unless you have a specific countercharge to make, I don't know that attending is a high priority.
From a more serious, long term view, a judgement against you DOES stay on your record for a long time, and would possibly prevent you from getting a major purchase such as a car or a house. But, the reality is that if you don't go they will get a default judgement. If you do and testify, they will probably still be granted a judgement unless you can prove the bill is inaccurate or in error somehow. If you really want to meet these bloodsuckers, have at it, but speaking for myself I always had much better uses for my time, and as my pal Dave Ramsey says, a consumer's goal for a credit rating should be a zero.
A few people have mentioned garnishment of wages. This is not allowed in every state. You should research it. Some of these companies are very predatory and won't hesitate to try it. Make sure you do your homework when dealing with them. The retail collections industry is very much a Jekyll/Hyde outfit, and you should always watch your back. |
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Tom
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If you don't go, there is no chance of a lower negotiated settlement happening just before the hearing starts and the company will get pretty much whatever they ask for. |
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Etta P
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If you do not show up it will be a default judgment, only difference is that the judge might go a little easier on you if you show up and plead your case as to why you didn't pay. Maybe requiring the creditor to allow a payment plan or something like that, big maybe, but if you don't show up a default judgment can be used to garnish wages, bank accounts, and lien property. |
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Sgt Big Red
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Step one: SHOW UP
Step two: research, is this debt within your states statute of limitations, if it is not, the best defense is the Statute of Limitations. The Statute of Limitations is the time limit that an aggrieved party has in which to file a lawsuit. It is a drop dead deadline. Find out what your state's is and whether the creditor is beyond that date. If it is, ask the court to dismiss the suit. See Statute of Limitations link
http://www.fair-debt-collection.com/SOL-by-State.html
If it is within the SOL, then bring your bills with you to show proof of your household expenses.
The last step, should you lose at trial, is to APPEAL. Appeals can take a long time to work through the system; from months to years. That time is valuable and no collection action such as garnishments can occur during the pendency of the appeal (unless you live a jurisdiction that requires that you post an appeal bond to stop collection during an appeal). At each step in the process, you increase your chances that the debt collection attorney will give in and simply put your file away.
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice. |
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Chell dog
 |
they can garnish your wages from your paychecks |
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Ted
 |
If you don't go, the credit card company asks for a "default judgment" which it almost always gets after proof that you have been notified, and is awarded what it asks for.
If you go, you can't "win" but you can ask the judge for a continuance to get more time to pay. The judge doesn't have to give it, and will want a reason. If you pay during this time, the case gets dropped and you don't get a judgment on your record. |
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