Legal Question in Credit and Debt Law in California

I had a credit card that wasn't paid. (Capital One) I owed about $1500 on the card. After not paying for several years they now have garnished my wage for the amount. At the end of June the amount will be paid. They now tell me I will owe more money and they we seek another judgement because I don't agree to pay off the balance. It continues tol accumulate more interest. Is that correct? If not what can I do to stop paying anymore after June. Is so, what might be a solution to end the amount of money I pay back?

Thank you


Asked on 5/13/10, 3:28 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

It sounds as if Capital One sued you, obtained a judgment which probably included attorneys fees, costs and accrued interest. Post-judgment, Capital One is allowed to continue to accrue interest and may continue to collect from you not just that interest, but any additional costs of collection they incur. I would ask them for an accounting of the amount of the original judgment, all payments you made, all fees, costs and interest that have been added post-judgment. Then, figure out a way to pay the remaining balance. Also, be sure that the amounts they have added post-judgment are legitimate before agreeing to pay it off. Otherwise, enter into a payment plan or ask them to settle for some specific dollar amount you can afford to pay now.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 5/19/10, 11:09 am


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