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Hello,

I was served papers by Capital One Bank a few months back. I filled out a form for the plaintiff to prove their allegations against me and turned it into the court here in my town, as well as sent a certified copy to Capital One Bank. I now received a Notice of Bench Trial paper in the mail from the Civil Clerk of the Court. 

Can anyone tell me what to expect? I know that if I do not show up I could get a default judgement against me. This is all new to me & I'm trying to self-navigate. Is it likely for a representative of Capital One Bank or their lawyer show up? Is it also possible to work out a payment plan granted they win and I get that default judgement?

Thanks in advance for any direction! 

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Virtually certain that someone will show up - they can hire a local lawyer for peanuts to sit there all day and handle dozens of cases. In most of these cases the judge will send the parties out into the hall to make a deal. There's not much wiggle room with these cases - lawyer will offer you some options like "pay a lump sum for a hefty discount, or set up a payment plan for whole thing, etc."

Try to get best deal you can - arguing that you are broke and living hand-to-mouth has been effective, lately.

On the flip side, there are some folks from TX who may chime in with options to fight instead of settle - see what they have to say and weight whether it's worth the time and expense.

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Capital One is an original creditor and it is virtually impossible to win that kind of suit in Texas.  The good news is they cannot garnish your paychecks. They CAN levy bank accounts so living "unbanked" until this is paid off is a good idea.  If you can borrow some money from a relative and offer a lump sum settlement they might take it as full payment.

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1 hour ago, Clydesmom said:

Capital One is an original creditor and it is virtually impossible to win that kind of suit in Texas.  The good news is they cannot garnish your paychecks. They CAN levy bank accounts so living "unbanked" until this is paid off is a good idea.  If you can borrow some money from a relative and offer a lump sum settlement they might take it as full payment.

Thank you for that info, very helpful. I’m curious, can they go into a spouse’s account to garnish do you know? 

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16 minutes ago, atxatx said:

Thank you for that info, very helpful. I’m curious, can they go into a spouse’s account to garnish do you know? 

Texas is a community property state so I would err on the side of caution and say yes, they could levy a spouse's bank account.

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3 hours ago, atxatx said:

Is it also possible to work out a payment plan granted they win and I get that default judgement?

If you answer the complaint, there will not be a default judgment against you. 

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11 hours ago, texasrocker said:

What is the amount in this matter?

Was around $2700. Now with fees a little over $3k

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30 minutes ago, atxatx said:

Was around $2700. Now with fees a little over $3k

OK, I was going to refer you to a good attorney if it was for a substantially larger amount but his fee of $1,500 probably wouldn't be worth it for this.

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