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Old 10-04-2009, 11:08 AM
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Join Date: Oct 2009
Posts: 1

Capitol ONE

What is the name of your state (only U.S. law)? Wisconsin

Hello. I recieved a summons Saturday October 3rd from capitol one visa fliling a lawsuite against me for the amount owed on a credit card. The summons says that they can attatch leins and judgments against me. A credit card is unsecured debt how can they do this? I have tried to negoiate with them before it got this far but they( Capitol One visa ) was not willing to help lower payments and interest:Now they have hired an attorney. What are my rights? Do I need an attorney?What is the name of your state (only U.S. law)?
  #2  
Old 10-04-2009, 11:38 AM
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Join Date: Feb 2005
Posts: 3,346
Quote:
The summons says that they can attatch leins and judgments against me. A credit card is unsecured debt how can they do this?
Yes, a credit card allows you to borrow money that is not secured by collateral but only by your word that it will be repaid. You have broken your word and the credit card company has the rights under contract law to get a court to find that you broke the agreement (the case judgment) and to give the credit card company additional rights to ensure that they get their money back (seizing account, garnishing wages, placing liens on your property).

Quote:
What are my rights? Do I need an attorney?
You must file an answer to the lawsuit or you will lose by default. If you do not know the proper way to respond to a lawsuit in your jurisdiction, then you should either research the local court rules or else hire a lawyer to defend you.
  #3  
Old 10-04-2009, 03:38 PM
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Join Date: May 2001
Posts: 6,450
You may wish to research Wi. statute 128.

[url=http://www.wisbar.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=73094]Wisconsin Lawyer May 2008: Chapter 128: Wisconsin's Bankruptcy Alternative | State Bar of Wisconsin[/url]
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