I live in ocean county ,nj and Capitol one is suing me for unpaid debt. I missed my court appointment what do I do next?

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I would also like to know how do I resolve this issue without income?

Attorney Answers

3
Mitchell Goldstein ·
You file a motion to set aside the judgment. Only do that if you have a defense. You may be able to get consent if there is a good reason why you missed it. Otherwise, be prepared to negotiate with them to make payments or get a collections action against you.
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Kyle Mastro ·
The proper course of action is to make a motion to vacate default judgement. Their are 6 different basis for vacating default, the standard that applies most often is 2 part: excusable neglect and meritorious defense. The key term here is always excusable neglect - our courts don't require you, or anyone else to be perfect, it simply requires you to be reasonably diligent. Our courts have recognized that people make mistakes in not showing up to court, things happen, and if the excuse is good enough, default judgement should be vacated. What is and is not excusable neglect is always a little tricky - the biggest ones that aren't are: I didn't have a lawyer, I didn't have money for a lawyer, I was scared of going to court, I forgot (without something big that made you forget). Things that may constitute excusable neglect? There is no exhaustive list, it's simply something big enough that would make the average reasonable, diligent person miss their court date. As I said these almost always turn on meritorious defense, but you still have to give a defense. These could include things like "I never had a contract" or "The amount their suing me for is incorrect". Keep in mind, you will have to state this defense not just in a brief but also a sworn statement such as an affidavit or certification - it's illegal to lie on such a document. You could also call the attorney and ask for consent. He or she may or may not give it. Best of Luck, -Kyle
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