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[lundie]

I'm being sued for 2,700 that I owe Capital One. An officer came to my door with a summons, gave me a number to call, which was supposed to be their attorney, told me to lie and say I was unemployed. So I called the number and it was some law office and the lady had nothing to say to me at all. I told her I was unemployed (I'm not, but I earn under 600 buck a month in income) and explained that I had no way to pay it at the time. She negotiated with me a 10 a month payment plan. But I still have to go to court so they can't take action against me. I don't know what to do. I can't pay it. Apparently my Statue of limitations is up too. This debt was from 2008.

Do I claim bankruptcy or is there another way out? I don't even know where to begin to get legal advice.

[chatima]

why not call any lawyer in the yellow pages and get a second option

[zadok]

In the uk the statute of limitation is 6 years, you haven't stated where you are writing from, that knowledge would help.

[arber47]

You can dispute their claim and wait for a reduced offer or take your chances in court.Most states allow for a 25% garnishment of any income unless you can show hardship.You can send in $1-$5 a month,as long as they accept that they can't sue.

[nicolas]

If the claim is from 2008, it may be beyond the statue of limitations. (I don't know Il law)
If you have made no payments on it since then, go to court and tell the judge.

[starling]

If the claim is from 2008, it may be beyond the statue of limitations. (I don't know Il law)
If you have made no payments on it since then, go to court and tell the judge.

First of all, a summons is a notice that there is an action against you scheduled before the court and you MAY want to be there, unlike a subpoena, which REQUIRES you to be there. Knowing that, you really, really should attend this hearing. If you tell the court that you are willing to set up a payment plan and IF you and Capital One come to an agreement, the judge will withhold judgment, and allow you to do the payments that you and Capital One agree to. Otherwise, they will get a judgment and they WILL be able to garnish wages, bank accounts and anything else you have. They will also get this judgment immediately, if you agree to a payment plan and default.

This is only a 3 year old debt. In the US, generally the Statute of Limitations allows them to go to court within 7 years. Once they have a judgment, the clock on the judgment starts. Here in Florida, once the Judgment is recorded as a lien, they will have ten years to collect, and if they don't get the money (plus interest, plus court costs, plus garnishment costs) within the ten year lien period, they are allowed to renew the lien once, for a total of twenty years from the date of judgment.

If I were in your position, I'd go to court, agree to a payment plan of at least $50 a month. It will be the easiest way to get out from under it, in the long run. If you don't, it can be much, much worse.

[chen12]

The statute of limitations is not up. It is 5 years in Illinois

You made a huge mistake by agreeing to anything, you just reset the clock for another 5 years from when you made the agreement.

If they are taking you to court they have already started an action against you, the court hearing will just seal what you agreed to

And bankruptcy looks to be your only way out. Your credit is already damaged and if you don't pay they will take action against you to take wages, income tax returns, and will sell any furniture you have including vehicles.

Chicago has many low income lawyers that work for free and a simple bankruptcy would be easy for them