being sued by capital one

[vietnamvet]

What is the name of your state? florida
my wife lost her job about 8 months ago and she had to stop paying the credit card bills in order to pay other necessities. she was served with a notice to appear for pretrial conference for capital one. one of the problems is that we just sold our house, and will be moving on july 1st to a different county.
my question is what happens if she does not show up for the hearing and what can they really do to her? she still is unemployed and will be looking for work once we get settle in at our new location.
thank you

 

[Ladynred]

I'm not conversant with FL laws or procedures, but I'd say she'd better show up to that conference. If she does not, the suing attorney will probably file a motion for summary judgment and a default judgment will be entered against her anyway. If she does not show up, she loses all opportunity to defend herself, present her case, and possibly negotiate a settlement.

How far away from your present location will you be moving ? Would it be an undue hardship for your wife to get to the pre-trial conference ?

 

[vietnamvet]

about 300 miles away. could it be moved to the new county 300 mile away?

 

[Ladynred]

Actually, that IS a possibility. 300 miles would be extremely inconvenient for her to get to. Based on that, she could ask for a change of venue and get the hearing moved. I suggest you call the court clerk and find out what you need to do to ask for the change of venue.

When is the court date ? She might also want to call and ask for a continuance first.. THEN file the motion for change of venue.

 

[vietnamvet]

the hearing date is july 11th....should i wait until we move on july 1st and then call, or should i call next week?

 

[Ladynred]

I would call the court and ask for the continuance about 3-5 days before the court date. Then I'd ask for the change in venue.

 

[cloverleaf]

Iam also being sued by capital one. I lost me job and couldn't pay the bill. Please let me know your outcome.Thanks

 

[Lars of Mars]

Look guys I don't know if this will help much, but this is what happened to me...
My wife and I both had plastic, ran them up when times were good, and to make a long story short my wife stopped working to take car of our extremely asthma-ridden son. Well the credit cards got out of control, super high interest rates, and I could barely scrape the minimum payments. We decided before they started after us to call the Atlanta Consumer Credit Counseling Service. Here's what they did for us...in a matter of a couple of weeks they negotiated our interest rate from something like 29% to 8% (on BOTH of our cards!) and we started an auto-debit to them for about half (or less) of what I was paying before. CCCS takes the payment and sends it to the credit cards. They closed the accounts which is fine with us anyway, we did not need the cards anyway....
It was an option for us that worked. Now we actually have a light at the end of this tunnel which is nice after years of struggling with these things.
Good luck to both of you.