Quick Answer: When facing a Capital One judgment for $7,071, the debtor can still negotiate a settlement, potentially set aside the judgment if proper notice wasn’t given, or may be “judgment proof” due to unemployment and lack of assets. Even post-judgment, creditors often accept reduced settlements rather than pursue lengthy collection efforts.
“Dear Jeremy,
I received a Money Judgement from the district Justice Court to the Common Pleas Court for 7,071.00. from being sued by Capital One.
I tried to set up payments that I could afford, however they said it was not enough.
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Bill”
Dear Bill,
I think what you wanted to say was that Capital One received the judgment against you (not the other way around). Assuming that is the case you still have a few options. First, even though they have a judgment they still might be able to negotiate a settlement. At the least it doesn’t hurt to contact the creditor and see what they might be willing to settle. You can tell them about your employment situation if you like and that might make them more interested in settling. You may even be “judgment proof” which means that a creditor doesn’t have much hope of collecting on the judgment as you don’t have assets. Whether or not you are judgment proof depends on your financial situation and to a certain degree the state you live in.
Second, you don’t indicate whether or not you actually had notice of the lawsuit before they obtained the judgment. In most situations a Plaintiff has to provide notice to you (or make reasonable attempts) before they obtain a judgment. If you did not have notice you might be able to set aside the judgment and defend yourself in the lawsuit which might give you more leverage in settling.
Finally, if neither of these options seem feasible you could always explore your options with a bankruptcy attorney. If you are a candidate for bankruptcy the creditor might want to settle for a very low amount rather than lose their entire claim in bankruptcy.
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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