Expert: Creditwrench - 12/7/2008

Question
QUESTION: I was served with a summons to court for a capital one debt, court date for december 10th 2008.  should I answer the summons? (i'm not sure I can afford to).  I lost my job and have a part time job without set hours.  what would happen if i ignored the summons? can they get a judgement and garnish my part time wages and how much can they actually take?  do they care if i have enough to eat or pay rent?  i think capital one went against all colorado credit laws with their timing, etc.  how do I find that out?  should I show up in court if i'm able to file an answer or should i show up if i'm not able to file an answer?  please help, and thank you in advance....

ANSWER: If you fail to respond to the summons or show up in court they will get a default judgment and can then garnish up to 25% of your wages so long as you make a certain amount. That amount is controlled by federal and state law and you will need to look those up using google and see whether you make enough money or not. You say Capital One? Was there an affidavit in the paperwork they filed? If so, who is the affiant and who is the notary and what state is the notary from? The answers to those questions can be important. Most affidavits are extremely false and misleading. And what is this about their having gone against Colorado credit laws? Why do you say that? Colorado does have some new laws out regarding debt collectors. I have an article about that in the resources section of my message board at http://consumers.creditwrench.com you might want to look at.

Why do you think youcan't afford to go to court?


---------- FOLLOW-UP ----------

QUESTION: I don't think I have enough money to file an answer, my summons says that I have to pay a fee when I go to answer and I have NO money at all.  AFter being unprepared to loose a 45,000.00 job as I did.  I made less than 12,000.00$ this whole past year.  I don't believe I had an affadavit in my paperwork, just the summons and a copy of my terms for when I signed up, but I will double check immediately when I get home.  I need to check everything over again, but I believe that capital one charged off my account several years ago and then continued to charge late and overlimit fees along with interest for over a year beyond that.  I thought there was a six month limit and a three year limit, but most of that could be speculation, I haven't been able to actually confirm anything.  Would I need any money when I go to court?  Is it possible that I should just skip the answer at this point and just go to court?  I don't really want to be arrested because I have no cash at the time of the court case. I will google and read your other information.  Thank you so much for your help with my first questions and with this follow up.  It's been very good to read others on your site.  I'm very appreciative of your help.

Answer
Why not call the clerk of the court and ask how much it costs to file a response to a summons for a credit card debt. Just give them the case number and they can tell you if there is any charge and how much.

If there is a fee then go tell the clerk you want a form to file in forma pauperus. They will give you a form for that, fill it out and take it to the judges office for a signature and go from there. They will help you fill it out properly and get it signed and filed.