Expert: Jason Barnette, Esq. - 9/4/2009

Question
QUESTION: I HAD A CREDIT CARD WITH CAPITAL ONE BANK. AN ANNUAL FEE WAS ASSESSED AND THIS CAUSED MY ACCOUNT TO GO OVER THE LIMIT. I HAVE TRIED UNSUCCESSFULLY TO RESOLVE THIS MATTER WITH CAPITAL ONE. THE ACCOUNT IS NOW CHARGED OFF AND HAS ACCRUED SEVERAL LATE AND OVER THE LIMIT FEES. THEIR COLLECTIONS PERSONNEL ARE VERY RUDE!!! MY COURT DATE IS IN NOVEMBER. DO YOU HAVE ANY ADVICE ON HOW TO HANDLE THIS MATTER?

ANSWER: Missy:

You must file an answer to their Complaint or at the very least make an appearance.  I would advise you to retain a consumer protection attorney as well.

If you reside in Tennessee, feel free to contact us at Barnette Law Offices insofar as we practice in the areas of consumer protection.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com


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

QUESTION: I'VE ALREADY HAD ONE COURT DATE IN WHICH A TRIAL DATE WAS SET.  ME BEING A PERSON OF VERY LIMITED RESOURCES, WHAT OTHER OPTIONS ARE AVAILABLE OPPOSED TO HIRING AN ATTORNEY?

Answer
Missy:

Option one would be to check your state's statute of limitations.  Option two would be to challenge their evidence if they have no statements or signed contract.  Option three would be to try and arrange a settlement plan with their counsel.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com