I have a warrant in debt a bit over $1200. And have court-date tomorrow morning, I am in high hope that some of you are sleepless and are able to suggest or comment on what I should do.

I am insolvent of paying this debt. When I had $400, I called the creditor, but Capital One refused to settle for that amount. My net worth is less than $37. As in My Assests(None) + My Income minus my Expenses get me less than $37.

Am I going to be able to appeal my current situation to this court hearing/judge? I am trying to fight this myself, obviously I cannot afford a lawyer. The least I can do is try.

"If you cannot afford a lawyer, one will be appointed for you". Have you heard that before? It's your Constitutional right to have a lawyer, and in a case such as this, you should. Have you asked for a continuance before? If not, ask for a Continuance based upon lack of represenation, and also request assistance in attaining representation.

I thought that only mattered for criminal cases, thank you. I have never asked for a continuance before, I do not know how to. The opposing lawyer might object me asking for representation, it's been three weeks or a bit more since I got the notice about the court date. How do I request assistance in attaining representation?

they will ask "can you afford a lawyer" or "do you have a lawyer" and say no. then they should appoint you one.

un-fairfax aboveground Wrote:
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> they will ask "can you afford a lawyer" or "do you
> have a lawyer" and say no. then they should
> appoint you one.


If one is available and several other factors are involved. But the judge may just go forward and tell you to suck it up.

"one will be appointed for you" IS for criminal cases, this is civil. There is a difference such as the burden of proof. In criminal you have to be found guilty beyond a reasonable doubt (not a shadow of a doubt) but in civil it is a preponderance of the evil (more likely than not) so you are probably screwed.

But there is hope. Go to the library and get a book called "what every credit card user needs to know" by Howard Strong. Search his name on the internet and you should find much info that may be of use to you.

Good luck.

You are going to be locked up when you appear tomorrow.

Capital one sucks

Who the hell sues for $1200? Their lawyers will cost at least that much. No wonder Capital One is going out of business (NOTE: This assumes the OP isn't trollin').

ThePackLeader Wrote:
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> "If you cannot afford a lawyer, one will be
> appointed for you". Have you heard that before?
> It's your Constitutional right to have a lawyer,
> and in a case such as this, you should. Have you
> asked for a continuance before? If not, ask for a
> Continuance based upon lack of represenation, and
> also request assistance in attaining
> representation.


Shouldn't this be in small claims court?

---------------------------------------------------------------------------------
http://bible.cc/1_corinthians/13-11.htm

It is VERY doubtful you will be locked up.

The fact that you tried to settle for the 400 bodes well in your favor. If you have any documentation for that, bring it and show it to the judge. Tell the judge you made a good-faith attempt to settle, but Cap One refused. That puts the spotlight back on the creditor.

You can ask for anything you want, but the trick is to be reasonable. It is very reasonable to ask for a continuance to arrange representation. You can ask the court for a public defender; Fairfax has those (just hope you get one that has been paid by the county recently).

Really, although you have nowhere close to 1200 in assets, this is a piddling amount to go to court over. They've already burned 10 times that in collections. Whatever you do, don't sign anything that agrees to anything without looking it over, especially something that binds you to a payment plan.

Good luck - I feel for you.

Did you get summons? Sheriff deliver it?

How about deadbeat prison. These 1st gen/off the boat foreigners come here and apply for every form of credit they can get their hands on and act as if it's burdensome to have to pay it back. I swear, it's as if when they get off the boat/mule they are handed a manual on how to dupe old glory. Settle for .50cents on the dollar? I've got a different idea, how about we settle penny for penny, plus interest, plus penalty. Don't have it right now? Thats OK, we'll just garnish your wages until it is paid back in-full, plus legal costs of course. See you in court.

70chip Wrote:
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> How about deadbeat prison. These 1st gen/off the
> boat foreigners come here and apply for every form
> of credit they can get their hands on and act as
> if it's burdensome to have to pay it back. I
> swear, it's as if when they get off the boat/mule
> they are handed a manual on how to dupe old glory.
> Settle for .50cents on the dollar? I've got a
> different idea, how about we settle penny for
> penny, plus interest, plus penalty. Don't have it
> right now? Thats OK, we'll just garnish your wages
> until it is paid back in-full, plus legal costs of
> course. See you in court.

Such breathtaking eloquence.

WashingTone-Locian Wrote:
-------------------------------------------------------
> ThePackLeader Wrote:
> --------------------------------------------------
> -----
> > "If you cannot afford a lawyer, one will be
> > appointed for you". Have you heard that before?
> > It's your Constitutional right to have a
> lawyer,
> > and in a case such as this, you should. Have
> you
> > asked for a continuance before? If not, ask for
> a
> > Continuance based upon lack of represenation,
> and
> > also request assistance in attaining
> > representation.
>
>
> Shouldn't this be in small claims court?


I think small-claims is anything under $5,000, so yeah, you're correct.

Counsel may not be Constitutionally guaranteed in such cases (Civil), but you can still request representation. If your request is denied, and judgement is made against you, then at least you have a strong point from which to appeal.

70chip Wrote:
-------------------------------------------------------
> How about deadbeat prison. These 1st gen/off the
> boat foreigners come here and apply for every form
> of credit they can get their hands on and act as
> if it's burdensome to have to pay it back. I
> swear, it's as if when they get off the boat/mule
> they are handed a manual on how to dupe old glory.
> Settle for .50cents on the dollar? I've got a
> different idea, how about we settle penny for
> penny, plus interest, plus penalty. Don't have it
> right now? Thats OK, we'll just garnish your wages
> until it is paid back in-full, plus legal costs of
> course. See you in court.

In America, People who did not pay their debts were held by a group of their peers and had an ear nailed to some kind of wall or tree. They were then whipped or beaten. The appendage was destroyed by the person squirming while being whipped in a public display. This served as a warning to other people not to loan them money. It was called an "ear mark".

Women and especially widows with children were many times subjected to this spectacle.

Ahhhhh, weren't traditional values the best?

^Wow, very informative.

> These 1st gen/off the
> boat foreigners come here and apply for every
> form of credit they can get their hands on and act

The problem isn't that foreigners with no/poor credit record were applying for (and getting) credit. The problem is that the financial institutions were more than happy to loan it to them.

The banks weren't playing with their money anymore, as they figured out how to package and resell that debt to investors. Thus, any incentive for them to screen out bad borrowers were gone.

we do not have debtors prison so no jail for you. But then it seems highly unlikely that Capital One is really suing anyone for 1200 let alone someone as broke as you.

If you are not trolling and this is true there is a simple way out of this and it is called youtube. Capital One will love that publicity.

ThePackLeader Wrote:
-------------------------------------------------------
> "If you cannot afford a lawyer, one will be
> appointed for you". Have you heard that before?
> It's your Constitutional right to have a lawyer,
> and in a case such as this, you should.

That only applies in criminal proceedings.

Offer to work it off by cutting the grass, raking leaves and shoveling snow at the local Capital One offices.

So what happened?

Pay your debts you dead beat, I wouldn't let you settle either, I would just remind that juice is running and if you think you can skip out we'll break your legs...

you're a fucking racist!

Radiophile Wrote:
-------------------------------------------------------
>
> In America, People who did not pay their debts
> were held by a group of their peers and had an ear
> nailed to some kind of wall or tree. They were
> then whipped or beaten. The appendage was
> destroyed by the person squirming while being
> whipped in a public display. This served as a
> warning to other people not to loan them money. It
> was called an "ear mark".
>
> Women and especially widows with children were
> many times subjected to this spectacle.
>
> Ahhhhh, weren't traditional values the best?

What's your source for this. I believe the term 'earmark' has its origins in the fact that farmers used to make distinctive notches in their animals' ears to identify them. Sort of like a precursor to branding.

Anonymous Chuck Hoffmann post.

File for bankruptcy....and tell them shysters you are about to go homeless.

yomoma Wrote:
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> you're a fucking racist!





Good job on bumping a two year old thread.

Blessed are the murderous.