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How to win a Civil suit from a debt collector when your unemployed?

Troy, OH |

I'm bing sued by Capital One Bank for defaulting under there terms of agreement bing:Agreement to accelerate the time for payment of the entire balance.The papers they sent the court show me bing 31 days late on the agreed payment date.From what the document shows my bill was due on Jan 12,2012 and two weeks later I lost my job Feb 2,2012.I dont know what to do.

I was suppose to go to court Nov 14,2012 today but the plaintiff sent me documents to conduct the hearing by telephone so I thought it ment that the hearing was going to be by phone.Nope, I was suppose to be in court.So they moved my hearing to Dec sometime.I just need advice on how to defend myself I dont have a lawyer.Thanks.

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Attorney answers 2

Posted

You must answer the complaint to defend the suit. To teach you all of ins and outs of litigation is going to take a long time. If you acknowledge that you owe the money there isn't much of a point in defending the suit if they have the proof of the debt. You may want to consider a bankruptcy.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

Posted

I agree with my colleague that you must respond in a timely manner to the complaint. Otherwise, the plaintiff will get a default judgment and you will have real challenges. Right now, you may have defenses and counterclaims. If you want to pay off the debt, you may also have the opportunity to negotiate down the obligation. You should really consult with a consumer attorney ASAP about your rights and options in handling this matter.

For more information, check out my website: www.ohioconsumerlawyer.com

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