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re: Legal Advice: GF Credit Card Debt Lawsuit

Posted on 1/10/22 at 3:36 pm to
Posted by 10 31 1861
Member since Jan 2022
148 posts
Posted on 1/10/22 at 3:36 pm to
Thanks for the reply.

The firm she contacted is the one suing her on behalf of Capital One.

The settlement amount was for one time payment, they also offered to pay in full through payments.

I believe the suit would be dismissed upon payment.

She did not think it would escalate to being sued and planned to settle it when she received a large sum she is owed from a previous business deal.
Posted by tgrmeat
Member since Sep 2020
4322 posts
Posted on 1/10/22 at 3:53 pm to
File an Answer and show up at the trial. They will be more willing to cut it down much lower
Posted by Captain Crackysack
Member since Oct 2017
2231 posts
Posted on 1/10/22 at 4:10 pm to
quote:

The law firm she contacted today offered 6.5k and 2.7k as settlement options
bro that’s like a week’s worth of OnlyFans. Tell your girl to start hustling
Posted by KamaCausey_LSU
Member since Apr 2013
14482 posts
Posted on 1/10/22 at 4:18 pm to
quote:

She did not think it would escalate to being sued

What are they going to do? Sue me?...

quote:

planned to settle it when she received a large sum
Suuuure...

quote:

when she received a large sum she is owed from a previous business deal

Maybe she should file her own suit.
Posted by REB BEER
Laffy Yet
Member since Dec 2010
16170 posts
Posted on 1/10/22 at 4:35 pm to
quote:

Easy man.

Many millions of people deal with credit card debt.

I think it’s different for each person, but it’s really not that inconceivable when you consider the way these cards work.


I understand. I know most people need to use credit to make big purchases. But the idea is to pay them off, not just keep spending on them until you can't pay.
Posted by go ta hell ole miss
Member since Jan 2007
13616 posts
Posted on 1/10/22 at 4:49 pm to
quote:

Not uncommon to have 0% interest for the first year or two then a huge spike in interest that can spiral into a situation that makes it hard to keep up.


You either have codependency issues with this woman or you are both perfect for each other. I can see bankruptcy in the future if this is really your outlook.

If someone offered to cut my debts by 20% I’d be happy and pay immediately. I’m not sure what advice is needed.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41160 posts
Posted on 1/10/22 at 4:51 pm to
If she takes that deal, and you end up marrying her. Do you realize how much harder it will be for you to get a mortgage?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37034 posts
Posted on 1/10/22 at 7:06 pm to
quote:

If she takes that deal, and you end up marrying her. Do you realize how much harder it will be for you to get a mortgage?


Deal or no deal her credit is shot.

Better to try to clear the debt and keep a judgement off her report
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37034 posts
Posted on 1/10/22 at 7:08 pm to
I’m legit surprised they sued for 11k.

Prob could have had a better settlement before this point.

Can she pay the one time amount?

Is Cap One suing her, or did they sell the debt and someone else is suing her,?
Posted by SalE
At the beach
Member since Jan 2020
2402 posts
Posted on 1/10/22 at 7:53 pm to
Counter their offer and set up monthly payments.
Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 1/10/22 at 8:10 pm to
8 months and you’re on the hook for 11k, that’s gonna multiply over time with her spending...any advice? Try running away from this
Posted by Fat Bastard
coach, investor, gambler
Member since Mar 2009
72509 posts
Posted on 1/10/22 at 8:32 pm to
CAP ONE STAAAAAAAAAAAAAAAAAAAAAAAAACKED

OP FUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUCKED
Posted by 10 31 1861
Member since Jan 2022
148 posts
Posted on 1/10/22 at 8:48 pm to
I think it’s Cap One suing.

I’m surprised as well. I think it’s because she stopped communicating with them.

She can’t pay the one time amount as it sits now.
Posted by 10 31 1861
Member since Jan 2022
148 posts
Posted on 1/10/22 at 8:53 pm to
One thing I don’t quite understand and is how the leverage shifts so drastically once a law suit happens.

If the creditor is typically open to settlements at 40-60% or even larger amounts off the account total, why does it shift to virtually zero flexibility once they sue?

If the goal is to get money I don’t understand why they wouldn’t be nearly as flexible after a law suit.
Posted by down time
space
Member since Oct 2013
1914 posts
Posted on 1/10/22 at 9:00 pm to
everyone makes mistakes but it sucks she's making it your problem too. don't tell her you love her on paper. imagine what she'll do with your cards.
Posted by supadave3
Houston, TX
Member since Dec 2005
30234 posts
Posted on 1/10/22 at 10:44 pm to
quote:

f the goal is to get money I don’t understand why they wouldn’t be nearly as flexible after a law suit.


Because they can, then they add all the legal fees on top of it. If you catch them before the suit, they’ll work with you.
Posted by go ta hell ole miss
Member since Jan 2007
13616 posts
Posted on 1/11/22 at 7:40 am to
quote:

One thing I don’t quite understand and is how the leverage shifts so drastically once a law suit happens. If the creditor is typically open to settlements at 40-60% or even larger amounts off the account total, why does it shift to virtually zero flexibility once they sue? If the goal is to get money I don’t understand why they wouldn’t be nearly as flexible after a law suit.


The leverage is before a lawsuit is filed. Once they turn it over to lawyers the lawyers have to get paid. The CC has to pay lawyers a percentage of their recovery, so they are less willing to negotiate. Lawyers get paid based on the amount they recover, so they want more. And, lawyers do this thing for a living every day. They will get much higher settlements and are happy to just go to court and get the judgment. It’s easy work, the cases are guaranteed winners and the defendants have no defense. The only risk is the defendants filing bankruptcy. The leverage for the consumer is gone the moment it goes to the lawyers hands.
Posted by Teddy Ruxpin
Member since Oct 2006
39555 posts
Posted on 1/11/22 at 10:02 am to
And once you have judgment a wage garnishment isn't hard at all in LA. You can really clean up filing in JOP courts. And filing fees at city court aren't bad either.
Posted by Lazy But Talented
Member since Aug 2011
14440 posts
Posted on 1/11/22 at 10:06 am to
I found myself in a similar situation with a former SO.

While I empathize with people who have gotten deep into debt, it's not something I am compatible with.

Good luck, OP.
This post was edited on 1/11/22 at 10:11 am
Posted by greygoose
Member since Aug 2013
11438 posts
Posted on 1/11/22 at 10:21 am to
quote:

I have been out of the business for many many years, but here's my advice-

If the lawsuits have already been filed, settlement time is over. They will go to court and pretty much get everything they ask for, plus fees and expenses etc. They hold all the power at this point.

The lawfirm she contacted, is it the same firm that is suing her?

If it's a different firm, what's she paying them?

Can she pay those settlements on a plan or will it be due right away in full?

With those settlements, would they still become judgements or would they dismiss the suit?


5 short sentences in OP isn't enough info for anyone to be able to give sound advice.

quote:

I have been out of the business for many many years, but here's my advice-

If the lawsuits have already been filed, settlement time is over. They will go to court and pretty much get everything they ask for, plus fees and expenses etc. They hold all the power at this point.

The lawfirm she contacted, is it the same firm that is suing her?

If it's a different firm, what's she paying them?

Can she pay those settlements on a plan or will it be due right away in full?

With those settlements, would they still become judgements or would they dismiss the suit?


5 short sentences in OP isn't enough info for anyone to be able to give sound advice.

THIS!

Everytime I've been in court, and it's way more times than I can remember, there is always a case concerning CC debt. Only thing you can hope for at this point, is the judge grants a plan. They will get the full amount of the debt owed, plus interest, plus fees and court costs. If your GF doesn't adhere to the plan, wage garnishments will come next. If she had no intention of paying that debt, she would've been better off filing bankruptcy.
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