I'm being sued by Capital One. Just received a summons for a small claims court trial. Not sure what to do. Very worried.

If somebody doesn't show up on your behalf, you will be defaulted, which means they win whatever they are asking for and will later bring a supplementary process complaint against you. If they do, you will have to show the court why you should not be held in contempt for not obeying the court order (judgment). This you can do by showing that you have no income or assets sufficient to pay on the judgement without great hardship. The judge will almost certainly (if you have accurately portrayed your circumstances, above) permit you not to pay for a period of time, usually a year, when you will come back and do it over again, etc. They cannot garnish your SSDI or SSI under any circumstances. Nor SS retirement. However, going back to court every year can be a pain. In almost every instance, the lawyer who will appear in small claims court will have almost nothing with him except a copy of the complaint, and probably will not be a member of the law firm which is suing you. He /she is there simply to "answer" when the case is called and get defaults for the majority of poor schmucks who don't show up, because theyre scared, hopeless, never got served, or they're dead. If you show up and answer, you will be asked to go into the hallway and work out a deal, which will involve basically agreeing to the judgment against you and a payment plan. Don't do it. He/she has no witnesses or evidence and CANNOT try the case, except by making you confess to the debt. At any trial, you will be under oath, and will have to answer questions truthfully. There are some which you might truthfully answer that you don't remember, but he can probably get you to testify to enough to make his case. This goes for anything you might have said out in the hall (Didn't you just now tell me that...."). The answer to this conumndrum is to not go yourself (you haven't been subpoenaed) but to send somebody to represent you. I have had good success in these matters by showing up, without the client, answering, and telling the attorney to call his first witness. When he has no witness or credible evidence, the matter is dismissed. If you cannot afford an attorney (figure the attorney will need about three hours of time to assist you) you may be able to have a friend, relative, social worker or other advocate assist you or even appear on your behalf. See Small Claims Standards 6:09 which says, in part, "Small claims litigants may also utilize non-attorneys to assist them or, at the court's discretion, to appear in their behalf". Note that the court's discretion may be influenced by the fact that your presence is needed for Capitol One to make its case, but that they didn't produce any of their own witnesses or subpoena you. Hope this helps. If so, feel free to click th"Helpfull" button.

Show up, make them prove that the charges at yours, go to law library and see if you have any defenses or counterclaims. henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- [email protected] (978) 749-3606. Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Your SSI benefits can not be garnished, although you should probably keep them in a separate bank account, without deposits from other sources, such as earnings. The lawsuit could result in a judgment against you, and you may benefit from conferring with a debt defense attorney. Many offer an initial consultation without charge.