and you don't pay, what happens? My dad had a credit card and was making his payments on it until he had a stroke. Since then, he hasn't been able to
make the payments since he has no source of income. My mom called the attorney for Capital One and tried to make some kind of payment arrangements, but they
wouldn't accept what she was offering them. She doesn't have a lot of money since she too is disabled and the only income she has comes from her social
security. So if she doesn't pay what they are expecting her to pay every month, what can they do to her or my dad, since the card is in his name?
If a credit card company takes you to court
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 neeners15 |
If a credit card company takes you to court |
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Posts: 1256 (07/01/2009 12:18 PM) |
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 jbcox2002 |
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Posts: 6225 (07/01/2009 12:21 PM) |
They are taking him to court???
I've only heard of just a negative hit on your credit report. I'm not sure what to do in your situation.. I'm sorry! |
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neeners15 |
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Posts: 1257 (07/01/2009 12:22 PM) |
I guess. I thought it was weird because my cousin has a Capital One card and her balance is well over $5,000 and all they do is call and harrass her. My
dad's balance was $1,100 I think and he was going to be taken to court.
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jeepchic20 |
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Posts: 15422 (07/01/2009 12:22 PM) |
well if your mom isn't on the card nor did she sign the application to get the card, there is nothing they can do with her.
If a debt collection attorney takes someone to court and they have no money to pay, the court most likely will issue a judgment against future earnings, property, etc. So even if he can't pay the judgment will hang around his credit report - which I'm going to assume isn't doing too good anyway since he's defaulted. |
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IdDoJC100Ways |
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Posts: 26946 (07/01/2009 12:23 PM) |
Credit card companies can get judgments against you and once there is a judgment in place it allows them to file liens on property. I'd call Capital One
back though and ask for someone higher up than the customer service rep. See if they will take into account the medical issue....though I'm guessing
that'd depend on payment history prior to the medical issue.
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neeners15 |
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Posts: 1258 (07/01/2009 12:24 PM) |
I didn't think they could do anything to my mom. I guess she called the attorney that Capital One hired or whatever and made arrangements with him so my
dad wouldn't have to go to court. So if she didn't fulfull the agreement she had with them, they would most likely just take my dad to court and put a
judgement against him?
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neeners15 |
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Posts: 1259 (07/01/2009 12:25 PM) |
IdDoJC100Ways wrote: I"m not sure if she ever talked to customer service rep. I think she just talked to the attorney or someone that worked for the attorney. She told them about my dad's situation and they said that they couldn't accept anything less than $200 a month, which she can't afford right now. |
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jeepchic20 |
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Posts: 15423 (07/01/2009 12:30 PM) |
He can still attempt to contact Capital One. Sometimes even after a defaulted loan has been farmed out, some credit companies, if you speak to the right
department may work out a deal with the debtor and take the file back from the outside collection agency. It obviously can't hurt for him to try it.
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neeners15 |
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Posts: 1260 (07/01/2009 12:36 PM) |
My mom would have to call, my dad's speech is very hard to understand since his stroke. But thank you, I will have her try that.
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jeepchic20 |
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Posts: 15425 (07/01/2009 12:36 PM) |
Ah okay, well good luck to them!
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PRIORisMYdesire |
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Posts: 15875 (07/01/2009 12:37 PM) |
My dad had to go to court because of a credit card. He was served with papers and everything. RIDICULOUS if you ask me.
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neeners15 |
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Posts: 1261 (07/01/2009 12:39 PM) |
I don't think my dad was ever served papers, I think he just got something in the mail.
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itsjustcris |
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Posts: 181 (07/01/2009 1:11 PM) |
Well if he wasn't served, then it's more than likely that complaint has not been filed against your father. However, be sure to read the document that
you received in the mail. Sometimes states allow for plaintiffs to send a document for the opposing party to sign that waives service. So you must carefully
read that document. If a complaint has been filed, I recommend trying to secure an attorney.
Most states recommend that lawyers do a certain amount of work pro bono, so hopefully you can find one that's willing to work on it. Also, you can contact your local courthouse. They may have non-profit legal clinics dealing with civil matters available that can help you. But if a complaint has not been filed, personally, I would seriously suggest calling Capital One and trying to make payment arrangements again. Speak to the supervisor, manager or the highest authority you can. Also send a certified letter as well. That way you have documentation backing up your claims that you've been trying to negotiate. I'm sure Capital One's failure to try to work something out will not be looked favorable upon if the matter is brought to court. Good luck 
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Sassys1745 |
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Posts: 1261 (07/01/2009 1:26 PM) |
I was served a couple of years ago (they posted the summons on my damn front door for everyone to see). I went to court to state my claim in writting. Told
them I could make $150 payments per month, then i was given a date for court. 2 weeks before I was to go to court, the credit card company agreed to my offer.
and the court date was cancelled. I had to sign a document say i would pay $150 a month, and if i missed a payment they would take me to court. I have paid it
off entirely since then and never missed a payment.
Same thing happened to a friend of mine. She did end up in court, with them, but I don't rememeber what the outcome was (she owed $20,000). I was told by a lawyer friend when it happened to me, to make some sort of offer. The credirt card companies would rather get something than nothing at all. |
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grayspeckledgoose |
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Posts: 15044 (07/01/2009 2:09 PM) |
Is it conciliation/small claims court?
If so, and if your dad loses at court, there will be a judgement against him.... and he'll be ordered to pay back the credit card company. If he doesn't pay the credit card company back, there would be criminal charges. |
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