Fresno, CA asked in Collections and Small Claims for California

Q: Hi I am being sued by Capital one, in 2020 during the pandemic my wages were reduced, and I fell behind. Can you help?

I was up to date with payments with them until I just couldn't even afford the minimum payment. I was barely able to pay my rent. I work in the restaurant industry, and it was hit hard. I did try to work out something with them but what they wanted I still couldn't afford. I stopped paying them around the end of 2020. I was served with papers last Fri 8/26. I don't know where to turn for help.

I appreciate any advice I can get.

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1 Lawyer Answer
Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: The restaurant industry was hurt terribly, (and unnecessarily in my opinion), by government regulations and forced closures.

I suggest you visit a bankruptcy lawyer immediately, for a consultation. Most of us BK lawyers do not charge you for a consultation. I can't say at this point whether a bankruptcy case makes sense for you, or not. It is going to depend on the amount of your debt and your income. If it doesn't make sense, a lawyer can probably talk to the people who are suing you and get a new payment agreement worked out for you.

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