I would like to try to defend a collection with a motion to dismiss
if I can, but I need an answer right away.
Capital One was advised that my house was in foreclosure
and that I would be pursuing bankruptcy when I lost it. They told me to let them know when that was. Well... my house is still in foreclosure.
They filed suit to collect. My situation is worse now. My partner left, I'm on food stamps, my bills are behind, and I have a shut of notice on my electric. The attorneys asked me to prove my situation, which I did by sending them my bank records. They have acknowledged that I don't have the means to make a payment plan.
I don't have a job, and I own nothing. It seems like a frivolous attempt to harass me.
They want the right to collect sometime down the road when I do have money. Again, they acknowledge I don't have the means now...so this seems harassive. They say if I don't respond to the suit, they will give me a year to get back on my feet and then make a payment plan.
Do I have anything to fight them with? I'd rather not get an instant judgment against me. If I have anything to fight with, I want to try it. I know that bankruptcy in the future will wipe it out either way I go. But them getting a judgment pretty much guarantees I will have to file bankruptcy, and that's going to hurt me for years.
Any help appreciated.