Collections Law/capital one

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Expert: Creditwrench - 10/11/2008


Question
hi,
we recieved papers to appear in court, actuially mu husband did. he had a credit card when he was 18 and was irresponsible with it. he made the payments for a while then we fell into hardships and had to keep moving and changing jobs etc. we live in pennsylvania. i know pa law prohibits them from garnishing his wages but what about our bank account income tax return etc. the bank account is in both our names and the only time we put money in it is on the 7th of the month when they auto take our car payment. what can they do to him? take his car? bank account? what are our options, he barly makes any money and theres no way we can pay the 1500 plus att. fees they want. we looked into bankruptcy but we dont have enough debt. thanks for any advice.

Answer

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Let's worry about the more immediate problems first but get his name off of that checking account immediately. Now then about the lawsuit. Of course you will have to respond to it or get a default judgment. But was there any kind of affidavit in the court papers you received? That could be very important to his defense.

No, they can't take his only vehicle. And why look into bankruptcy? That don't make any sense at all for the simple reason that by learning what violations of federal law the lawyer makes and take him to federal court and make him pay Cap one plus take it off your credit report or at the very least make them report it as closed, paid in full.

Can bankruptcy make them do that? Make them vacate the judgment and seal it so it can never be reported against him and pay him his court costs, attorney fees and damages beside that? I don't think so but my students get that done all the time.

In order to do that you have to learn the law and my message board at http://consumers.creditwrench.com has lots of articles that will teach you all you need to know about FDCPA, FCRA and other laws. It is being update constantly with new articles written by legal experts nationwide.
New articles every day several times a day. No other message board out there has the ability to do that.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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