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Went to Court: Judgement given...Now what??
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Posted by Tia (209.109.225.165) on January 27, 2004 at 19:24:59:
I want to thank everyone who has responded to all of my previous messages. You all have been a lot of help and I appreciate it very much. I finally went to court for money I owed Capital One. As explained previously, the credit card I received from Cap1 was for only $500 but they were sueing me for $1300 which included late fees and other penalty charges. Before speaking to the judge I spoke with the lawyer representing Capital One. To make a long story short, I showed the lawyer the last bill I received from Cap1 the day I requested that my account be closed and he agreed to lower it to that amount which was $600 rather than sue me for the entire $1300. Of course when I agreed and explained that I could not make payments becuase I was unemployed and on SSI, Capital one won a judgement against me for the $600 plus court costs($130). I asked the lawyer if they would be calling me to court again and he said no, and that I was done and wouldn't hear anything from them until I returned to work. Should I believe that? Did I make the right decision, or should I have agreed to make partial payments? According to the lawyer if I agreed to only make partial payments he would not lower the judgement amount to $600. I didn't think anything of it then, but after I left the court house that seemed a little odd to me. I asked the lawyer if they would have me return for a "discovery of assets" and he said he seriously doubts it since it is only $600 and I am on ssi, but that when I return to work they will garnish my wages unless I pay off the amount. My question is this: if they do decide to ask for a "discovery of assets" or freeze my account, will I know about it beforehand, or can they just freeze my bank account and take money without notice since they now have a judgement? Also, the lawyer said that after I pay the judgement the notice of "judgement" will be removed from my credit report? Is that true as well? Someone else told me it will remain on my report for 10 years even after it is paid off. I guess what I'm asking is if I made a mistake or did I get a decent deal considering I'm unemployed, only getting ssi, and can't afford to make payments? Should I have not allowed the judgement and just made small payments on a larger amount of $1300? Tia
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