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CAP ONE'S CA NO-SHOW AT POST JUDGEMENT DISCOVERY

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bmcinto01:
This is just an update on my case that started almost a year ago.

BACKGROUND

In October 2012 Cap One's Collection Attorney (CA) got a judgement against me. Judge ordered payments of $50 a month and a discovery hearing was scheduled for today. I made the payments as ordered.

FAST FORWARD

I showed up for the hearing and the CA never bothered to appear. The judge said the the CA never responded to documents the court sent either. I motioned to dismiss, but was quickly denied. Judge said just keep making the payments and that was it for the day.

Making the payments isn't a big deal to me, but getting hauled into court or harassed is. The CA seems to be satisfied with my payment and hasn't objected or filed any motions. I'm fine with that. I've done some research and found the judge in our district isn't giving these creditors more than the defendants can afford to pay. You say I'll pay $50 bucks a month and the judge is happy. I even seen him overrule an objection today by a CA wanting more from a defendant in an earlier case.

In my situation, I prefer to let sleeping dogs lie. Just for giggles: Does anyone have some ideas on how I could get rid of this judgement? This should be fun.



bmcinto01:
Just wanted to add something to the previous post.

It took a court judgement to get Cap One to lay off their collection attempts. I offered them $50 a month 3 years before they sued. Guess what? They said NO.

Now that I got back on my feet financially, I could offer a settlement. Since they pulled this sue card, I'm less inclined to go that route.

HeadsUp:
What do you mean the judge ordered you to pay $50 a month?

Did you show up and then agree to some sort of payment plan in front of a judge?

kevinmanheim:
Do you have an accounting of the judgment?

In other words, how much was the judgment when it was awarded? What was the interest rate on the judgment?

How much have you paid off?

How much remains?

Without knowing the answers to these questions, you could be paying on this judgment for the rest of your life and never pay it off.

bmcinto01:
TOTAL JUDGEMENT: $24,500 @ 13%, I'VE PAID SIX PAYMENTS.

MY ATTORNEY MOTIONED FOR THE PAYMENTS. I AGREED ON HIS ADVICE. JUDGE WASN'T GOING TO GRANT ANY OBJECTIONS. WE BOTH COULD SEE IT GOING THE CA'S WAY, JUST BY THE LOOK ON THE JUDGES FACE.

YOU'RE RIGHT, IT COULD TAKE AWHILE TO PAY. LOTS OF THINGS CAN HAPPEN THOUGH, BECOME JUDGEMENT PROOF AND RETIRE, DEBT SOLD, CA RETIRES, ETC. I CAN DEAL WITH THE PAYMENT UNTIL THEN. WOULD BE NICE TO <get> THEM THOUGH.

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