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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 56519
Experience:  Licensed attorney helping individuals and businesses
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I lost my job two years ago. I had two acccounts with Capitol One that I have been unable

Resolved Question:

I lost my job two years ago. I had two acccounts with Capitol One that
I have been unable to pay. When they were at Capitol One I offered to make monthly payments of $25.00 a month but they would not accept that offer. I explained my situation and still they would not accept $25 a month. The Accounts have gone to Kohn Law Firm, and now I am being sued. The accounts were at or below $500.00 each and now they are both over $2100.00 with interest and penalties. They called me and wanted me to make a settlement to avoid court. I told them I thought I could borrow $1400.0 to settle both accounts. They said that they want $1713.00 to settle but I am unable to come up with the additional amount. I have a court date of April 14th 2011. Is there anything I can do? Do I have any alternatives. I am still out of work and very distraught over this situation. I applied for these accounts over the internet without a signature. Can I use that in my favor. I have yet to file an answer with t
Submitted: 6 years ago.
Category: Legal
Expert:  INFOLAWYER replied 6 years ago.
Hello,

I am a legal expert at Justanswer. I have reviewed your question and will be helping you today.

The fact you applied over the internet does not make the case stronger or weaker.

If you owe this amount and incurred those charges, the best option is to negotiate a reduction on basis of financial hardship. They cannot collect what you dont have.

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Customer: replied 6 years ago.

What would be the best way to file my answer to court. Would it be just like my note to you? I don't want them to file a lein against my home. Is there anything I can do to stop that?

Thank you

Expert:  INFOLAWYER replied 6 years ago.
You file an answer to avoid a default. when case is heard in court or even before you can try to negotiate a payment plan settlement often for a reduced amount. The answer can be informally done responding to the complaint and raising any defenses you may have such as challenging the balance or service of the papers.

I hope you found the answer fast and straightforward. Please remember to click ACCEPT - as it is the only way I get credit and paid for your answer - even if you have a deposit or membership with justanswer.

If you need any clarification or other information, just click REPLY before or after you click accept. I am happy to follow up to your satisfaction! On very rare occasion, there may be a delay between responses if I am taking a break or helping other customers.

Leaving a BONUS is always appreciated! Positive Feedback is also very much appreciated.

I wish I could always provide good news to customers but sometimes that is not the case. I prefer and you deserve no less than the truth. Telling you what you want to hear is irresponsible of me and unfair to you so please keep that in mind. That said, even in a bad news situation, I try to give options if they exist.

You can always request me in the future - just begin the question with “This Question is for INFOLAWYER…”
Customer: replied 6 years ago.

One more question, I will challenge the balance but I am not understanding "service of the papers," can you clarify for me.

Thank you

Expert:  INFOLAWYER replied 6 years ago.
sure thing. Often the papers are not served correctly and you can raise that as a procedural defense. It simply makes it harder on the other side a little and may make them offer better terms too.

I hope you found the answer fast and straightforward. Please remember to click ACCEPT - as it is the only way I get credit and paid for your answer - even if you have a deposit or membership with justanswer.

If you need any clarification or other information, just click REPLY before or after you click accept. I am happy to follow up to your satisfaction! On very rare occasion, there may be a delay between responses if I am taking a break or helping other customers.

Leaving a BONUS is always appreciated! Positive Feedback is also very much appreciated.

I wish I could always provide good news to customers but sometimes that is not the case. I prefer and you deserve no less than the truth. Telling you what you want to hear is irresponsible of me and unfair to you so please keep that in mind. That said, even in a bad news situation, I try to give options if they exist.

You can always request me in the future - just begin the question with “This Question is for INFOLAWYER…”
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