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    Ok, before I include any more details, let me begin by saying that if I didn't have my head buried you know where, I might not be in this situation...... but, here goes: I got this Capital One card sometime in the vicinity of 2001. I would never charge any more then I could afford per month and everything went superbly until I began student teaching (Sept 2004—Dec 10, 2004). It then became a decision to "pay my cell phone bill" vs. "feed my horses". I fed my horses, needless to say. So, as my semester advanced, my debt increased. I was involved with someone who was beginning his own excavation corporation. I worked with him until I found a long-term substitute job which began in Feb 2005. Because I had been a student and was student teaching, I wasn’t eligible to collect unemployment compensation. Unfortunately, he did not compensate me fairly. I started dating someone new, May 2005. Come to find out, my new beau, Jim, had a whopping $30,000.00+ of debt and never filed his 2004 income taxes (that part comes back to bite New Jersey in the future) So, because my debt was mounting, but not huge at this point, we decided to join checking accounts. God, I’m an idiot. Jim was gainfully employed from when I met him in May of 2005 until Jan 2007. I didn’t get hired as a full time teacher until Sept 2006 and am currently employed with the same school system. We tried to climb out, but with his job being the only consistent form of income, we slowly slipped further under. The short of the long was I broke my ankle and needed surgery in June 2006. Not only did this render me useless as far as working, but I had no health insurance. $7,000.00 later I have some fancy titanium screws in my ankle. Oh yeah, those medical bills are still out there, too. So, moreover, and still kicking a dead horse… Jim lost his job in Jan 2007. He then became employed here and there and subbed himself out on a 1099. So, he was paid cash and we all know how hot that can burn in a compulsive person’s pocket. By the time this past summer rolled around, the IRS finally caught up with him….. and now why it concerns me: At the end of every June I receive a balloon check. That summer’s check was approx $5,800.00. Upon cashing that check I paid $1,800.00 for July’s mortgage and then put $212.00 in my pocket. The remaining sum was deposited into our joint checking. What happened next? The IRS levied the account. Yep left me 5 dollars. I had a joint account with an idiot who hadn’t even made a deposit in months, yet they took MY money. That was all the money I had to get through the summer. So now I’m being sued on top of all the other B.S. I’ve had to deal with. All I want to know is what/how much of this story is going to help me. I can prove it all with a lengthy paper trail. I can prove that when the IRS nailed my account last summer that I increased my summer job’s hours to full time. I can prove that Jim lost his job that Jan. There’s a lot I can provide data for, but is it worth it? Is it going to improve my judgment or prevent one for that matter? I don’t want to cast blame onto my ex. I don’t want this to sound like a Jim-bashing session. I loved him and still do. It’s just sometimes us foolish women think we can fix those foolish men (and their problems), and then your brain finally decides to give your heart a kick with a pair of manure covered, steel toe work boots… I got the hell out of there, finally, Sep 2008. The only true, true, true slip-up I’ve made, besides non payment, regarding capital one was when they sent me a letter Aug 2008 that my case was going to court and to answer by Sept 3 and I didn’t. I did have a $140.00/month payment set up with the attorney’s office, but that was as sporadic as the combined income. Since Jim and I have split I work 1 fulltime job as a teacher, part time as a toolmaker and part time/temporarily as a secretary for a local CPA (until apr15). average monthly income: $2826.00. average monthly expenses NOT counting outstanding debt, $2,340.00 approx. total outstanding debt including but not limited to Capital One: $10,500.00

    Short answer to a long story: no, none of that is even slightly relevant to the small claims case. Is the debt genuine? If yes, you lose. No meaning to sound mean, but in law, nobody cares WHY you couldn't pay the debt, they only care that you didn't. The judge will rule for Capital One, so you might as well accept that, and see if you can work out a payment schedule with them. If you do, STICK to it. Nothing will exacerbate the situation faster than failure to stick to a deal, and if you annoy the judge enough, he could allow C1 to seize assets to fulfill their judgment. Still got those horses? Good luck, you sound like things have just piled up on you, but you do have to deal with the outcomes.

    Who's lawyer? The bank? Seems weird for a bank to sue in small claims. Gather all of your records, charge receipts, payments. Put them in chronological order. Even if you owe $1.00, the bank can and probably has ran up the bill by tacking on late fees and interest penalties. In small claims, the plaintiff doesn't ask you questions, the case is presented to the judge. The judge then asks your defense and you present any relevant evidence and/or testimony. How much are we talking about here? It just seems so ridiculous to take this to small claims. Have they been calling you trying to collect? This might be viewed as harassment and should be mentioned to the judge.

    You owe and that is that. A judge does not care about your boyfriends and all of that. You are not married right? Any combined income claim is out of the window. I have horses and appreciate them but I make enough. If you are pulling in 28 and spend 23 you have an issue. So it is time to give up the horses. It will hurt to be sure..... but you need to take care of yourself first. Be mind ful in the fact there are many good men out there.

    Obvsiously, get your own bank accounts/etc., and separate all of the finances. If your name is on a bill or something and it wasn't added without your consent then you are probably going to be legally responsible for it. Keep in mind that lawsuits for <$10,000 typically aren't very profitable for the suing party. If it goes to court/etc. just tell the judge it's not your debt, and prove it isn't your debt to whatever extent you can and maintain this view for the entire (probably lengthy) process. Just keep saying "it's not my debt, it's Jims ... call him, get the money from him". And then, whatever the judge decides, do what the judge says. These cases are not unique. If one of the financial companies wanted to fight me over a debt like this, I would probably actually fight them. But, again, if your name is on any of the bills/legal/contract related somehow, then they can probably try to hold you responsible for it and it'll be up to the judge.

    Your situation sounds very familiar, sounds like your credit had already taken an affect, i think the smartest thing for you to do right now is file for bankruptcy and start over. I believe now days the total cost (attornies fee's, filing fee's, ect) cost approx $2000.00, which is still tons cheaper than the penalties and fee's your going to be paying for years towards your card.

    >All I want to know is what/how much of this story is going to help Honestly, none. Unfortunately, you made one stupid decision after another. However, your decision does not remove the obligation of debt repayment. You need to seek professional debt counseling, get yourself on a monthly budget, and start paying your debt obligations.

    You have no defense against the lawsuit. You owe the money. Nothing else has any relevance whatsoever. Capital One will get a judgment against you which will allow them to garnish your wages, seize your bank accounts and lien your property.

    Wow, I would check with a lawyer. File bankruptcy possibly. It's not a good idea to do often, but can be a one time solution if necessary.

    Unless you can prove you paid them in full, they wil win. The rest of the long story has no bearing on their case. You borrowed money from them and failed to pay them.

    You have 2 choices you can claim bankrupt and or call theser debt consolidation people and they lover the bill for you check it out you have nothing to loose i am in the playhouse mildred

Craigslist Job Scam?!?!?

  • Lenny Senger
    Lenny Senger
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  • Mervin Stiedemann
    Mervin Stiedemann
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  • Rogelio Lebsack
    Rogelio Lebsack
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    Barrett Hammes
    2 people
  • Diana Hudson
    Diana Hudson
    Craigslist stamford my own the process
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    Polly Zemlak
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  • Emilie Langosh
    Emilie Langosh
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  • Paul Rath
    Paul Rath
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  • Archibald Willms
    Archibald Willms
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  • Dennis Bins
    Dennis Bins
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  • Hans Sipes
    Hans Sipes
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