What are my rights served a summons credit card debt

Submitted by Anonymous (not verified) on Sun, 06/17/2012 - 02:58

I live in Arkansas. The other day I was served a summons for credit card debt from Hosto & Buchan in the amount of $7561.36 for Capital One. I am not denying that I owe a debt to Capital One but due to financial issues I felt it was more important to pay my house, utilities, car, food etc. than to pay credit card bills. I have more debt than this one credit card not sure exactly how much but its probably in the $16,000 range. I can't believe I racked up so much debt if this economy wasn't so bad I probably wouldn't have. I contacted an attorney to ask what my option was and how to file an answer to the court. I asked if it was too late to contact credit counseling or debt consolidation to clear this matter up. He told me it was too late for that now and I need to file bankruptcy or they will get a judgement against me and possibly freeze my bank account or garnish my wages. I am up for anything at this point but I don't want to be duped by a lawyer to file bankruptcy and possibly lose my car, house, personal belongings etc. I have a 5 year old son to care for and a baby on the way I am totally freaked out right now. I am not married and I do not have any disposable income right now. The lawyer told me Hosto & Buchan are notorious for this type of behavior and I will lose the case if I choose to fight it. My questions are:

If I answer the judgement on my own how do I do this?
Do I need to send Hosto & Buchan a validation letter or does the Affidavit signed by a representative of Capital One already prove validation?
Does Hosto & Buchan own my debt now as a collection agency or are they actually representing Capital One?
Should I contact Hosto & Buchan and try to work out an arrangement or Do I contact Capital One to work something out? Or is it too late to try to make an arrangement?
If I can make an arrangement and offer to pay a small amount I can afford such as $25.00 per month and they deny this agreement can I take them to court for denying payment and get the debt wiped away or can it keep them from ever being able to file a judgment?
If I just send Hosto & Buchan some money and they cash my check does it mean they can't file the judgement?
If the Affidavit from Capital One doesn't stand as validation of the debt and they can't provide validation can I counter-sue Hosto & Buchan for harassment?
If they try to contact me by phone during this process before court can I sue for harassment?
Basically I just need to know what my rights are. As a low income single mother I don't feel its ethical practice that they should be able to win this case and get a judgment that will cause me not to care for my child and force us to live on the streets. What kind of people can live with themselves knowing what they are doing to people just to make a few bucks? I am so upset and being pregnant this stress is not good for me. I haven't been sleeping right and I am so worried that something bad will come of this. I was in the process of contacting credit counseling and debt consolidation to help but this judgment summons came before I could get it done. Sorry this is so long I just really need help. Also if anyone know a lawyer that works with low income families or does work pro bono please let me know as well.