Being Sued by Cap 1

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.

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.

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.

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 --

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.

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 --