Can I settle this Capital One judgment without going through all of this. Will you be able to help me
I was issued judgment by Capital One Bank and now I received a copy of the disposition of records subpoena that they sent to Navy Federal Credit Union where I have a car loan and one closed credit card because they want ed to get my ban and emplyment information.
Can I still settle this judgment without going through all of this. Will you be able to help me? Thanks..
—Maria
Hi Maria,
Settlements and or payment arrangements can be achieved for most debts, even judgments. The number one ingredient to making that happen is funds. Either a sufficient amount to settle now (possibly in near future), or enough discretionary income available each month to commit to a longer term payment arrangement.
The judgment does take some strategies off the table and you are certainly not working with time on your side.
I did see that you submitted your contact information and requested to speak with us. That request has been sent to a specialist who will connect with you to discuss some options in more detail.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry, and is a regular contributor to several personal finance websites.
Like Maria above, I to have a credit card judgment against me and the “alleged collection attorney, who supposedly in representing the Credit Union (in whose name the judgment is in) is coming after me for an debtor’s examination. To this date, I have NOT been served court document to appear for the examination yet. I happened to know because I have been following the law activity over the county’s court website. Please respond. I help some expert advice as to the best manner to proceed. Thank you in advance for your cooperation and support.
Here the nuts and bolt of the cc lawsuit: Without ever sending the FDCPA dunning letter and making a real attempt serving me with the lawsuit summons, Attorney [edited], of Northridge, California lied to the courts and got the court to approve service by publication in order to obtain a default judgment against me. I found out about it through happenstance when the Court mailed me a courtesy copy of the judgment. I was both, shocked and surprised that this could be done without my knowing.
Long story short, I pursued the matter on my own in the court court and lost. The Credit Union Attorney went back into the court after a 10,617.00 judgment against me and petitioned the court to add $19,000 in attorney fees with a bogus argument. The attorney I hired to represent me against the attorney fees did nothing to prevent this action. As a result, the court award this undeserving attorney $19K in attorney fees also on the behalf of the credit union. The attorney I hired said he couldn’t do anything to stop it. Now, he is hanging around asking me if I want to file chapter 13 BK. This way he can make more money off me. All of this make me sick to my stomach.
I need help and I need it soon. Please help if you can. Thanks!
Bobby
Bobby – Did you have help from an attorney all the way through this, or just when you were fighting the attorney fees after the judgment? Who was the credit union that sued? What are your risks of garnishment (do you work for an employer, or yourself)? I am sure you are aware that any money in your bank account is at risk of a levy. Do you own property in your name?
Post an answer to these questions and lets go from there.