My son owes 6,000.00 from Capitol One credit card. It went to collections then today he got a summons from court.
3 attorney answers
It is a mistake to fail to appear, that will result in the debt collector getting a default judgment for the entire amount, and leaving your son to their mercy. The judgment will not go away, and they can use it for a long time to come to levy on any non-exempt assets of his they can find, and possibly to garnish his wages. In most states, judgments remain valid for many years.
He needs a debt collection defense attorney.
I represent debtors in your son's position all the time.
There may not be any getting around the fact that he is going to owe the debt collector some money, but by hiring an attorney you can certain limit the amount owed, and even settle the case without judgment entering against you.
Debt collectors take advantage of people in your son's position and he should be very careful. He should not sign anything or agree to anything or provide any statements until speaking with an attorney. If your son doesn't respond to the complaint properly, the court will enter judgment against him automatically, and award the plaintiff their costs and interest. A judgment is good for 20 years and will haunt him the better part of his adult life while earning 12% interest.
Put up some money to defend your son's case and help him settle it for less than the full amount owed.
He needs an attorney to fight this. You can fight the case and eventually settle it for less.
My standard disclaimer: I am not offering legal advice, assume I do
not know the law in your state or at all for that matter and that I am
just making suggestions for starting points for when you do speak with
an attorney. Do NOT rely on anything I write and contact a lawyer in
your area immediately after reading my posting.