Sued for Credit card debt

I stopped make payments on my credit cards a while back due to financial hardship. I am now being sued by Capital One. They have two lawsuits against me, one for each credit card I had with them. The same attorney is representing them in both cases. Their attorney will let me avoid court if I agree to thier claim in full, and begin making payments. I am debating if I should do this, or if I can get better terms by going to court. I have 4 related questions that I need answered in order to make this decision:

1) They are asking for legal fees in addition to the money owed on the credit card. Is the judge likely to grant this?

2) They are asking for 28% interest (I imagine this is the default rate listed on the credit card). Is the judge likely to grant this?


3) If I take this to court, and the amount I owe is established, will the court give me the right to set up payments (I do not have the money to pay in full) in order to avoid having my wages garnished?

4) Can the court roll the two lawsuits together so I can just make one payment a month?

My friend, the first question that you have to ask yourself is how old is that debt.
If it is more than 2 or 3 years old, then tell that lawyers to go ahead and file the documents that you know that debt is to old, but first you have to look into the time frame that change from each state some are 2 years other 3 years limits that bars any collection agency to collect a debt. The law says that is a debt is in collection for that period of time then is nothing that they can do. In some cases creditors sells they past due accounts or collection accounts to collections agencies for less of what you owe because they know that the time that they have to collect that money from you is running out and they would prefer to collect partial part of the debt selling them to a collection agency rather that losing everything.

So if you have any other question post it
Good luck

I am being sued by Capital One also. I live in Texas. I responded by answering. The amount of the debt was incorrect and the lawyer had no record of payments i had made directly to capital One by Consumer Credit Counseling. I was served at my home and given 1 week to repond. I was given the wrong time for the hearing and a default was issued. The judge capped off my interest rate. It was 29%,but the judgement ,per texas law, changed it to the 18% maximum in Texas. They were awarded lawyer fees totaling 500 dollars. I was able to have it overturned because i still had the incorrectly dated summons. I am going to court tommorow for this matter. I wish i could give yo great legal advice. All i can tell you is that your interest rate may get reduced in court, but you could be made to pay legal fees. Also, you can make payments to the account and still be sued. Never ignore a summons, i'ts an automatic loss for you. And I was told that the payments that Consumer Credit advised me to make started my Statute of Limitations all over again. In texas its four years. Those payments may very well harm my case.