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Purge07

Member
What is the name of your state? Illinois

I fell behind on a credit card due to my boss selling the stores and ended up with only 20 hours a week. I tried to pay some on the credit card but could not meet the minimum balance due. I tried a couple times to get my account frozen, and try to pay some money, as well as once they closed the account after being behind that I even asked them to give me their address to send payment to of what I could afford. But both times, the company said, sorry but we cannot do that. I’ve tried to get rid of the debt, but not getting help at all. Now they summoned me to sue me for the total amount. What can I do? Low income below poverty line.
 


quincy

Senior Member
What is the name of your state? Illinois

I fell behind on a credit card due to my boss selling the stores and ended up with only 20 hours a week. I tried to pay some on the credit card but could not meet the minimum balance due. I tried a couple times to get my account frozen, and try to pay some money, as well as once they closed the account after being behind that I even asked them to give me their address to send payment to of what I could afford. But both times, the company said, sorry but we cannot do that. I’ve tried to get rid of the debt, but not getting help at all. Now they summoned me to sue me for the total amount. What can I do? Low income below poverty line.
If the creditor is not willing to negotiate and you are served with a summons and complaint (i.e., you are sued), you will need to file an "answer" to the complaint within the time allowed and then show up in court on the scheduled date.

If you don't go to court, a default judgment can be entered against you.

Once the creditor gets a judgment, the creditor can pursue collection of the debt in full by garnishing your wages and/or attaching your assets.

You will want to fill out a financial disclosure form, which will show the creditor what income and assets are exempt from collection.

To try to negotiate a settlement with your creditor prior to trial, you can refer to the top of the debt collection list of posts for the "sticky" thread that speaks to "negotiating a settlement". It was written by a lawyer who once was a debt collector.

Good luck.
 
As Quincy said; but first thing, cut up your credit card.
If you have a boat that's leaking you fix the leak before you start bailing. ;)
 

Purge07

Member
2065$ but have to file within 3 days.

Besides the financial disclosure. What other forms will I need to file? Poor person free filing top form. Got summons just three days ago and only got less than a week to file.
 

quincy

Senior Member
2065$ but have to file within 3 days.

Besides the financial disclosure. What other forms will I need to file? Poor person free filing top form. Got summons just three days ago and only got less than a week to file.
You need to file an answer to the complaint. Do not miss the deadline to answer. You could pick up a standard form at the court.
 

Purge07

Member
I filed the forms.

I have been going over the papers that were served.

I found two conflicting amounts for the same time period.

One shows 2,591.33 + 59.30 interest. = 2650.63

And on another page, it’s saying balance subject to interest rate 2,619.90 interest charge 59.30.

The balance at the time was 2,591.33 before interest not 2,619.90??
 

Purge07

Member
Be sure to fully check your capital one bill as you might be incorrectly being charged interest. Interest is supposed to be based off the previous balance. Not some made up number that is greater than the balance.
 

quincy

Senior Member
Be sure to fully check your capital one bill as you might be incorrectly being charged interest. Interest is supposed to be based off the previous balance. Not some made up number that is greater than the balance.
Are you answering your own question?

You have a right to know how the creditor is figuring balance and interest. Ask.
 

quincy

Senior Member
I was more of informing people.
Thanks for explaining. Your post had me puzzled. :)

Yours was good advice, though. Everyone should always double check their bills to make sure erroneous charges or fees are not being added and that balances owed are correct.
 

Purge07

Member
A couple more things I have noticed on their photocopy of my last bill.

A lot of the words are crushed together and not spread out like it should be on the bill.

Account ending on payment part of bill does not match the upper corner.

Account ending 0187 up top, on bottom account ending 10187.

Also, if you take a iPhone flashlight to that account ending it looks like numbers were lightly typed before the account ending on page. Because of the two numbers being different slightly and only four is represented on an actual bill, can I have it dropped as them presenting it as proof?
 

PayrollHRGuy

Senior Member
A couple more things I have noticed on their photocopy of my last bill.

A lot of the words are crushed together and not spread out like it should be on the bill.

Account ending on payment part of bill does not match the upper corner.

Account ending 0187 up top, on bottom account ending 10187.

Also, if you take a iPhone flashlight to that account ending it looks like numbers were lightly typed before the account ending on page. Because of the two numbers being different slightly and only four is represented on an actual bill, can I have it dropped as them presenting it as proof?

You do realize that a number ending 10187 is also a number ending 0187?

Your dime store forensics on a statement are not going to help you.
 
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Purge07

Member
Ok, but I did find one inconsistency regarding their altered statement and that of an official email for the same billing cycle.

With two different balances.

Statement balance in email 2,591.33

And on altered statement 2,650.63
 

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