Expert: Creditwrench - 5/7/2008

Question
QUESTION: I received a Summons and Complaint to Court from Capital One on a $500 credit card debt (which they claim is now $1600) from 2005.  I live in Duval County, Florida.  If I don't appear for the hearing and they enter a Judgment against me (I couldn't possibly afford to pay this off right now), does this mean they can have me arrested or garnishee my wages?  I own no property at all, but will have my car paid off in two years and wonder if they will take that.  Any advice is much appreciated.

ANSWER: They can't throw you in jail but in Florida they can garnish wages if you are not the head of the household.

But tell me something. Did they have an affidavit of any kind in the papers they served you with? Capital One usually has an affidavit in most of their court filings. If so, I sure would like to get a copy of that affidavit. Scan it and email it or however. You will need to respond to the summons in the time allotted. Let me know about that affidavit please.

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

QUESTION: No, there was no Affidavit attached. Only the Summons for Pretrial/Mediation, Complaint and an invoice attached from 2005.  If I show up and deny that the bill is mine, claim a mix up in identity and ask for a trial, do you think they will pursue a trial over such a small amount or just let it go and possibly the case will be dismissed for lack of prosecution at a later time?

Answer
If you just show up for court the judge may tell you that you can't say anything because you didn't file a response to the summons as you were supposed to do. Many judges will do that. So take a big chance that the judge will not even let you speak if you want to. That's up to you. But even if they do let you defend how would you prove that the bill is yours? You have to prove what you say in court with documentation of some kind. If you aren't the guilty party then you at least need to show that there is someone else who might be the responsible party. If you try that they will ask you if you have filed an identity theft report with the police department and ask you to prove that you have. Your verbal or even written denial without proof will not be accepted.

You are simply dreaming with all of your hopes. The lawyer don't care how big or how small the case might be. He probably gets paid either way by his client then hits you with attorney fees on top of that and the court costs as well. Then they start tacking on interest to boot.

You want to ask for a trial? When you show up for court that is your trial such that it might be. If you want a jury trial you will have to pay for it and with the ideas you have presented here you won't stand any better chance with a jury than you would with the judge.