Hello, what is the best way to get a 4,000 (capital one) and 13,000 (amex) summons issued? I did request debt validation to delay summons being filed. Is it better to try to work out a payment plan or file for bankruptcy? Any guidance would be beneficial. After three months on unemployment benefits, I recently resumed full-time job. I’m making an effort to pay all of my expenses. Would value any guidance! Regards ahead of time!
I ceased making Discover balance 10k payments. In April just got a letter last Saturday about bringing me to court I phoned them and they put me on a hardship payment plan it was very simple I was thought about filing BK but find offered 100 a month with 0.09 percent rate for 72 months I picked that
You’re fortunate. I owed Discover eight thousand dollars. When I contacted to attempt to work out a payment plan, they said 400 months, which was four times my monthly payment, and they gave me a summons. They are now passing judgment and attempting to steal anything I own.
Given that you have been out of work for a while and are essentially at your lowest point, you are probably in bankruptcy territory right now. You should be eligible for a Chapter 7 bankruptcy, which completely discharges all obligations and vacates any judgments against you.
Although it will appear on your credit for ten years, at this point you are basically at the end of your alternatives.
Setting up a meeting with a trustworthy bankruptcy lawyer in your area is just as simple as finding out more information at r/bankruptcy. Given their area of expertise, their consultations are typically provided at no cost, and Chapter 7 is a simple, affordable procedure.
Attend court or see a lawyer. If you are not served, the case can be dropped. Depending on the regulations in your area
I regret learning of this. Both of them sued me approximately ten years ago. AMEX doesn’t mess around and won’t think twice about suing you. I made up around 70% of the remaining amount by borrowing the money. I was able to work out a one-year payment plan while I was dealing with Capital One.
My lawsuit was recently successful. However, a garbage buyer purchased my debt from my old creditor. If that were the case, I would advise fighting it because it is really simple to prevail. However, in your situation. It is advised that you file for bankruptcy. It is well known that Amex and CapOne do not sell debt to garbage purchasers. They will collect on it because they have the time and resources to do so. By filing, you can avoid the agony of having to repay it. In one to two years, you’ll start receiving credit offers once more. Wishing you luck.
You have 3 weeks or 30 days to respond to the complaint. Most of these cases end in a default judgment, which means not responding results in an automatic loss. To avoid this, answer the complaint online using your computer. You can find instructions on how to respond by searching online. Did they provide verification of your debt? If not, that could work in your favor. It’s unlikely they will continue pursuing you if you respond. These cases rarely go to court. You have no means to pay, and credit card debt is unsecured, so they can’t take your car, home, or belongings. You’re in a hardship situation, so just respond to the summons electronically, and you should be fine. If you have other debts and are considering bankruptcy, think about what’s best for you.
Most certainly, AmEx will be the debtor. Regarding capital one, I’m not sure. When two debts were turned into income a few years ago and I had to pay taxes on them, I was taken aback. In actuality superior than a payment schedule.