Q&A: Credit Card Debt W/Capital One Judgement?

September 5th, 2010 | Tags: , , , ,

Question by Andrea: Credit Card Debt W/Capital One Judgement?
I have a judgement against me with capital one that I’m going to court for this coming Friday. Back when I applied for this credit card only my fiance had been working at the time so we lied and said I was working for him because we were working on setting up our own home business where I was going to do the books for it. I’m already doing the debt management program (DMP) which I’m starting in September for all my other debt. I’m working part-time now and going to school full-time at University of Phoenix so I can work to get myself out of debt in the next few year since the programs for my debt will take 3 1/2 years to complete. My question is can I get in trouble for lying on my applications for saying I had a job when I really didn’t?

And if your going to be one of those people who leave rude comments then don’t bother answering my question.
I’m already worried that with me being a single mom to 2 boys under the age of 5 and with the debt management program coming up since I don’t make much I only make right now to 0 a week that I won’t be able to follow thru with the program if they decide to garnsih my wages.
I’m going to court Friday for supplemental preceeding hearing.

Best answer:

Answer by Lost on planet earth
WOW that sounds a bit scary. They do have an idea of your income based on your credit score. Dealing with court is something you never do with out a lawyer. By not talking with them about the case and letting them know you need a lawyer on friday will buy some time. They want money period. Pleading the 5th is I think the best thing to do.

You could go to several lawyer offices during the week and find a lawyer willing go over what happen. Bring your letters from them and see what they say. Chances are they will tell you what to do free. Tell them that you just need a minute of there time. Try to find ones that do not use secretarys.

What do you think? Answer below!

  1. Nancy G
    September 5th, 2010 at 06:27
    Reply | Quote | #1

    I’m not sure I understand your question. If Cap One already has a judgment against you, why are you going to court on Friday? If they already have the judgment that means that the trial has taken place and you lost — either because the judge ruled against you, or because you didn’t appear and they got a default judgment.

    Are they requiring you to appear for a debtor’s exam?

    Additional info:

    If the supplemental hearing is a debtor’s exam, the creditor (i.e., Cap One) is going to question you, under oath, about your assets. You will have to disclose to them any assets you own — checking and savings accounts, investment accounts, stocks, bonds, real property such as homes or real estate, personal property such as vehicles, and sources of income.
    They are looking for a way to recover the money you owe them.

    The fact that you and your boyfriend lied to get the credit card may well become an issue.

    I know you have a limited income, but you need legal advice. I would suggest that you contact your local legal aid office and talk to an attorney.

  2. Eddie
    September 5th, 2010 at 07:15
    Reply | Quote | #2

    I used to really struggle making ends meet. Fortunately, I was able to find a couple work at home programs that actually worked. Now I make enough money to pay all my bills, and put extra in the bank each month. I blogged about it on my website. http://howiworkathome.notlong.com

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