helpplease Posted March 14, 2007 Report Share Posted March 14, 2007 Delete Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 14, 2007 Report Share Posted March 14, 2007 cap One is a national bank so your state usury laws won't apply. The cas emanagement meeting is designed to do two things: one, set a timetable for discovery and trial and 2) see if a settlement can be made. I would remind Cp One infront of the judge that you dispute the amount and have no idea how they come up with all this money if you only think it's $1200. Show all the requests you have made for verification. Good luck. Link to comment Share on other sites More sharing options...
helpplease Posted March 14, 2007 Author Report Share Posted March 14, 2007 Delete Link to comment Share on other sites More sharing options...
SOC Posted March 14, 2007 Report Share Posted March 14, 2007 1. never hurts top pick up a phone, (to short of time too do it via mail) but the will more than likely refer you to the attorney (if that is where it is)2. ask. preferably in writing so you can call em on it in court if need be.3. not only can you request it, I would demand it.4. recovery answered this.5. you will go there, and thier lawyer will try to talk to you befor court probably, ask you what you want to do about the debt. this is where you deny or acknowlege and try to work out the payment arangements, or wait for the judge to come out and deny everything and demand the contract and breakdown of fees, and i am sure the judge will set a court date.6. if you dont appear you will loose and they will get whatever they ask for.7. many many people file BK because of judments.. lolBut other issues, like with any alleged debt. Is it SOL, are they reporting, did you DV (if name other than cap one). there is just a lot to concider when trying to figure out how to go forward. Only you would know if BK is your only way. If you know they have all the documents needed to win in court, then you can always make payment arrangements maybe. not just a lump sum. Link to comment Share on other sites More sharing options...
helpplease Posted March 14, 2007 Author Report Share Posted March 14, 2007 Delete Link to comment Share on other sites More sharing options...
SOC Posted March 14, 2007 Report Share Posted March 14, 2007 so then, judging by what i think i understand. You owe them money. Your only complaint is that they have not provided the piece of paper that shows late fees and attorney fees and interest. (this break down is not on the signed application?) But either way, i could be way off here, but if they are saying you owe 4g and they will take 2 in order to not waist time in court, then you may want the deal. Because once in court they have no reason to deal if they show why you owe them.if you work out an arangment, they cans still get a judgment, i guess it just depends on what you work out with them.i also may be way off but i am not sure you can file bk on such a small ammount? I dont know bk, but it seems i read somewhere if your capable of paying then you cant file. So if thats right then filing bk would depend on your situation. Link to comment Share on other sites More sharing options...
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