Verified answer

Unless you are actively filing for BK right now there would be no way to stop wage garnishment should then win...but you can limit the damage:

Send the debt collector attorney and the court a letter via Certified Mail with Return Receipt (NOT regular mail) stating:

Notice of Intent to Defend

I cannot officially respond to your claim until validation is made for the alleged debt. I am officially requesting validation of your claim, to include (this info will be requested at the court hearing):

- A copy of the original application with my signature for this alleged debt

- How much was this debt purchased for?

- Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this rate falls within state usury limits

This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.

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Fill out the response to the court. Don't waste your time telling your life story and DO NOT ADMIT to owing the debt...even it it is valid. If you are asked if you Affirm or Deny the claim, mark "Deny" and mail that along with the above letter stating that you cannot affirm or deny the claim until the claim has been validated. Be as brief and as possible. Also mail this via Certified Mail with Return Receipt

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On the court date: DO NOT be a no-show under any circumstances whatsoever. Not showing up is the worst thing you can possibly do. Even if you are frightened....or you're sick with a 102 degree fever...or if you think that you'd loose up anyway! If you don't, the other side will get a default judgement and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt.

IMPORTANT: bring complete documentation of your income and living expenses: Pay stubs and copies of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms. Request the following info from the other side on the court date:

- a copy of the original application with your signature

- a fully itemized statement for the amount they are asking which clearly details how this amount was calculated, including the interest rate being charged - How much was this debt purchased for?

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Lastly....if they take you to court and win a judgement, this will authorize them to freeze your checking accounts....To be safe, this might be a good time to start pulling out any money you have in check/savings accounts and putting the cash in a safe deposit box to keep them from getting your money. Also, stop any direct deposits of payroll checks

No, that's not what you do. The Summons & Complaint you received has accused you of owing a debt. One way to respond is to prepare a response that is in the exact, same format as the Summons & Complaint. All your response needs to be is as follows:

"Deny all accusations for want of information."

File this paper with the court, send a copy to Capital One, a copy to the Attorney representing Capital One and any other party listed.

Then, file another paper with the court (copying everyone already mentioned) that is called a "Discovery Request".

In the discovery request, ask for the following information:

1. Copy of the original credit card application showing your signature.

2. Copy of the original agreement and all changes to the agreement.

3. Copy of all credit card statements issued during the life of the contract.

4. Names, current business address, and phone number of the Capital One employee(s), who prepared the last credit card statement.

(Congratulations, you have now bought yourself at least another 90 days. Moreover, if the Bank doesn't provide the information or a response to the Discovery Request, then the judge will dismiss the case against them.)

Call the court and ask for the court clerk. Explain that you are going to be pro se and ask for the proper papers to file as a response.