Getting sued by Capitol One

[eman380]

What is the name of your state (only U.S. law)? Virginia
I was served a summons in March of 2015 and at the time set up a payment plan with the Attorney. After two months I lost my job and was unable to pay. They attorney set up a new court date for May 8,2015 and won a Warrant in Debt ruling. I was not notified of the new date or the courts decision; however, today 8/4/15 my bank accounts were frozen (They were almost empty anyway), but now there is a garnishment in process scheduled for October 2015. What are my options now that the Warrant in Debt has been awarded to the Plaintiff?

 

[Mark Maroon]

What is the name of your state (only U.S. law)? Virginia
I was served a summons in March of 2015 and at the time set up a payment plan with the Attorney. After two months I lost my job and was unable to pay. They attorney set up a new court date for May 8,2015 and won a Warrant in Debt ruling. I was not notified of the new date or the courts decision; however, today 8/4/15 my bank accounts were frozen (They were almost empty anyway), but now there is a garnishment in process scheduled for October 2015. What are my options now that the Warrant in Debt has been awarded to the Plaintiff?

I won't go into all of the things that you could have done previously (like why didn't you call the attorney after you lost your job to try and renegotiate the payment plan). At this point, you might be able to strike the default judgment and stay the garnishment, based on the (if it's true) fact that the attorney scheduled a hearing for the case without notifying you. But my guess is that the attorney did notify you (within the rules of court or pursuant to your payment plan agreement). Of course it would probably take an attorney in Virginia to review the court docket and your payment plan agreement to determine your likelihood of success, and then all that would get you would be a trial on the merits - which it sounds like you would lose anyway (otherwise why would you have agreed to settle in the first place).

 

[eman380]

I wanted to get a hearing so that I can try and settle the debt. I have family that is willing to help me with that, but until the garnishment period is over in October they will only accept payment in full. If the judgement was removed, I could negotiate with them. They claim to have sent a number of mailings to me that were never received. They said they called but there were no messages. It is my fault that I didn't call them about losing my job, but I was having health issues that I eventually was hospitalized for. I was never notified of the may court date or the judgement against me from the May court date. I assume that bankruptcy is my only remedy at this point. I have no income, no money and cannot pay the full amount. I guess I just don't know what to do now. I have filed for disability due to my medical condition, but have not heard on that and even if I did, it would be months before I could pay the judgement at that point.

 

[Mark Maroon]

I wanted to get a hearing so that I can try and settle the debt. I have family that is willing to help me with that, but until the garnishment period is over in October they will only accept payment in full. If the judgement was removed, I could negotiate with them. They claim to have sent a number of mailings to me that were never received. They said they called but there were no messages. It is my fault that I didn't call them about losing my job, but I was having health issues that I eventually was hospitalized for. I was never notified of the may court date or the judgement against me from the May court date. I assume that bankruptcy is my only remedy at this point. I have no income, no money and cannot pay the full amount. I guess I just don't know what to do now. I have filed for disability due to my medical condition, but have not heard on that and even if I did, it would be months before I could pay the judgement at that point.

You had a settlement agreement of some kind with them and you didn't fulfill your end of it, so I suspect they won't be interested in any negotiation with you going forward. I don't know what kind of "garnishment period" you're referring to. You might want to talk with a bankruptcy attorney as you suggest.