stupid and broke

[quiltgoddess]

What is the name of your state (only U.S. law)? Washington
I entered into debt consolidation a year ago and it has been going ok - except for Capital One. They refused to deal with the company. We were summoned to court. At court the now debt collecting attorney was allowed to be on the phone - he was not in the courtroom- We tryed to tell the judge that we were atempting to pay the debt but he said he didnt want to hear any of it and ordered us to get with the debt attorney and find a soultion. We have tryed to speek to him on 4 ocasions but he is never in - we go back to court on the 5th. It seems to me that he wants it to apear that we are not trying to negociate at all. Is this som ploy to get a judgement? What do I do now. I am considering writing to the judge.

[Antigone*of*Greece]

Originally Posted by quiltgoddess

What is the name of your state (only U.S. law)? Washington
I entered into debt consolidation a year ago and it has been going ok - except for Capital One. They refused to deal with the company. We were summoned to court. At court the now debt collecting attorney was allowed to be on the phone - he was not in the courtroom- We tryed to tell the judge that we were atempting to pay the debt but he said he didnt want to hear any of it and ordered us to get with the debt attorney and find a soultion. We have tryed to speek to him on 4 ocasions but he is never in - we go back to court on the 5th. It seems to me that he wants it to apear that we are not trying to negociate at all. Is this som ploy to get a judgement? What do I do now. I am considering writing to the judge.

Writing to the judge is not going to help. Send an overnight certified letter to the attorney offering a solution and request an immediate response. Show up in court with proof you sent it and then be ready to deal in the court room.

You need to know that a judgement will most likely be entered in the plaintiff's favor no matter what.

[Some Random Guy]

Do not write to the judge. It is improper to contact him outside of the hearing unless you are filing motions with the court that get copied to the opposing party.

Your proper venue for discussing the lack of negotiation is during your hearing on the 5th. When you bring up the lack of contact during that hearing, expect to provide proof of what you are saying. Do you have any evidence? Do you have a log of when th ecalls were made and who you spoke with? Have you sent any faxes or any letters to the opposing counsel? Four phone calls is a strong effort to contact him. Since you are running out of time, I would suggest a letter sent to him today and at least daily phone calls until the hearing.

And no its not a ploy to get a judgment. You owe the debt and have articulated no reason that you should not be obligated to pay. Unless there is something you are not telling us, they can get a judgment on this.