I have 14 days to file an answer in court. I do not know what to say in the answer. I do not have any money to settle and cannot afford monthly payments. I am a single mother with no disposable income. I break even or fall short every month to pay my bills.
Wage garnishment for this reason is illegal and won't happen. CapOne could, however, garnish your bank account after wages are deposited, since at that juncture monies lose their character as wages and become merely fungible dollars. If you have nothing to lose than CapOne has nothing to gain and consequently, you might consider ignoring this process. It is not a criminal event -- you are not going to jail for failure to pay CapOne. Ultimately if enough creditors are beating on you, perhaps you will file bankruptcy.
AVVO is a general forum for discussion purposes only, and my response is not a solicitation. My answers, replies, responses, comments, ideas, referrals, approvals and endorsements do not constitute legal advice, guidance, opinions or even suggestions, as I do not have enough facts, we have not spoken, I have not checked my conflicts-of-interest database and most importantly, YOU ARE NOT MY CLIENT. This disclaimer pertains to AVVO responses in addition to all other forms of communications including emails, texts, media postings, further AVVO replies, and phone calls. As well, my response is with respect to only the laws of the State of Texas. Hire an attorney in your location if you want opinions and assistance upon which you may rely.
Is Capital One the actual plaintiff or is another company suing you because they bought your account from CapOne? If the latter sometimes there are issues in proving up their case. Unfortunately those issues are best addressed with a lawyer.
Also, Mr. Lautin is correct as to wages being exempt from garnishment until you drop your paycheck in the bank account.
Answers to questions are for general purposes only and do not establish an attorney-client relationship
You may be able to hire an attorney with no money. Look for an attorney who handles Fair Debt Collections Practices Act cases.
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