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  #1  
Old 11-01-2008, 08:34 AM
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Sued for credit card debt


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

I am being sued by a law firm on behalf of Capital One. I had a card with them that I defaulted on with a $500 limit 2 years ago. They are suing me for $1100.

This is the 3rd Capital One card over the last 10 years that I have defaulted on due to financial hardship. I realize that this might be a stretch, however, I want to use as part of my defense the fact that Capital One has twice before been burnt by me and therefore did not have reasonble expectation for repayment when they decided to extend more credit to me.

In addition, I was laid off from work in July and am currently recieving unemployment insurance as my sole source of income. I have a life threatening illness as well that requires a good deal of medical care and have no health insurance. While the amount they are seeking is relatively small, i am unable to pay it at this time.

What is the best strategy to avoid having a judgement issued against me? I am running out of time to answer the complaint.
  #2  
Old 11-01-2008, 08:53 AM
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Quote:
Originally Posted by jerzeyboy View Post
What is the best strategy to avoid having a judgement issued against me?
Very simple. Pay your debts on time.
Your trying to shift the blame from YOU to them.. is a stinking pile of crap.

I can see your presentation already....
You: "Your Honor. This debt is not my fault. I had already proven myself to them as being a sleazy lying thief when I stole their money twice before.... they should have known I would still be a stinking pile of crap that has no ethics, my promise is worth spit, and that I am a deadbeat when they allowed me to use their money again.
Clearly I am not a mature responsible citizen and no one should trust my word!"

Court: "Judgment for plaintiff".
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 11-01-2008, 09:22 AM
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Frankly i dont care what your opinion of me as a person is. What's worse me not paying or them continuing to lend money to someone who has twice before not repayed? Now they want to come to court and whine that the person that has already stuck them 2 times before has done it again. That's ridiculous. They are as much at fault as I am. Now, does anyone have any advice with regard to the law in my situation?
  #4  
Old 11-01-2008, 10:31 AM
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Quote:
Originally Posted by jerzeyboy View Post
What's worse me not paying or them continuing to lend money to someone who has twice before not repayed?

Since you asked.... You not paying them. Whatever their reason for giving you a third chance, it does not excuse you from repaying your debt.

"Fool me once, shame on you; fool me twice, shame on me" may work on a playground, but it won't work in a courtroom.
  #5  
Old 11-01-2008, 10:46 AM
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Quote:
Originally Posted by ShyCat View Post
"Fool me once, shame on you; fool me twice, shame on me" may work on a playground, but it won't work in a courtroom.
As I recall, that doesn't work on the playground either. It usually leads to the deadbeat going to the nurses office with a bloody nose.

DC
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OP needs counseling...not a court house. --Zigner
  #6  
Old 11-01-2008, 10:46 AM
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Join Date: Aug 2008
Location: Virginia
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Quote:
Originally Posted by jerzeyboy View Post
Frankly i dont care what your opinion of me as a person is. What's worse me not paying or them continuing to lend money to someone who has twice before not repayed? Now they want to come to court and whine that the person that has already stuck them 2 times before has done it again. That's ridiculous. They are as much at fault as I am. Now, does anyone have any advice with regard to the law in my situation?
With crazy thinking like this, you should plead that you were mentally incompetent when you entered into the credit card agreement with Capital One, and therefore the agreement is not binding.
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  #7  
Old 11-01-2008, 01:49 PM
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Location: Montana
Posts: 431
I would imagine at the time, you were very grateful that Capital One extended you some credit. And now that you are expected to pay it back, you accept no responsibility for using it. Hmmm. The good news is that you probably won't have to worry about anyone giving you credit in the future!
  #8  
Old 11-01-2008, 11:42 PM
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Quote:
Originally Posted by jerzeyboy View Post
Frankly i dont care what your opinion of me as a person is. What's worse me not paying or them continuing to lend money to someone who has twice before not repayed? Now they want to come to court and whine that the person that has already stuck them 2 times before has done it again. That's ridiculous. They are as much at fault as I am. Now, does anyone have any advice with regard to the law in my situation?
The fault is all yours Jerzey boy. Come into court with a pocket full of cash enough to make it all go away and it will.

Now stop YOUR whining, and be a man. You don't like what you hear too bad the truth hurts!
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