I am being sued by Capital One, I live in California. I got the summons last week and I called the Lawyers office to work on a payment plan and she said either I come up with a down payment of 1000 to start me on payments or I need to agree on $170 payment a month.She said if I don't agree I will go to court. But isn't that what's going to happen anyway?I was already making payments of $80 but she said they never agreed to that. So what should I do?Do I take the offer to make payments of $170 a month or go to court and show the judge the payments I was already making to them?What should I do???? I'm going to respond to summons on Mon.
If you have the money, try to settle, but be advised that attempting a settlement prior to court with the other side's attorney is a VERY tricky thing to do, so be careful: The problem is that they will invariably want you to sign away your legal rights for any settlement agreement by signing a document that authorizes an instant judgement. DO NOT sign such an agreement or any agreement that waives your legal rights. If you do reach a settlement, Get all terms of any settlement deal you reach with debt collectors Ashville WRITING BEFORE you give them your money. This letter should state the settlement amount and that the account will be settled/paid in full upon receipt of this amount from you. If you don't, they'll take your money AND they'll turn around and take you to court anyway. NEVER give out your checking account/bank routing numbers to debt collectors for making electronic debit payments. If you cannot reach a settlement prior to court, then do this: Send this debt collector and the court a letter via Certified Mail with Return Receipt (NOT regular mail) stating: Notice of Intent to Defend I cannot officially respond to your claim until validation is made for the alleged debt. I am officially requesting validation of your claim, to include (this info will be requested at the court hearing): - A copy of the original application with my signature for this alleged debt - How much was this debt purchased for? - Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this rate falls within state usury limits This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped. -------------------------------------- Fill out the response to the court the best that you can. If you are asked if you Affirm or Deny the claim, mark "Deny" and mail that along with the above letter stating that you cannot affirm or deny the claim until the claim has been validated. Also mail this via Certified Mail with Return Receipt ------------------------------- On the court date: DO NOT be a no-show under any circumstances whatsoever. Not showing up is the worst thing you can possibly do. Even if you are frightened....or you're sick with a 102 degree fever...or if you think that you'd loose anyway...show up anyway! If you don't, the other side will get a default judgement and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt. On the court date: - bring complete documentation of your income and living expenses: Pay stubs and copies of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms. Request the following info from the other side on the court date: - a copy of the original application with your signature - a fully itemized statement for the amount they are asking which clearly details how this amount was calculated, including the interest rate being charged - How much was this debt purchased for? =============================== Lastly....if they take you to court and win a judgement, this will authorize them to freeze your checking accounts....To be safe, this might be a good time to start pulling out any money you have in check/savings accounts and putting the cash in a safe deposit box to keep them from getting your money. Also, stop any direct deposits of payroll checks
How much is your debt? If it is huge and you are only paying $80 that could be a reason they sued you. Also, how long have you had the debt? Under or over seven years? If the only way to avoid getting a judgement against you is to take the deal, I'd do that (BUT DONT SIGN ANYTHING!) just verbal agreement. If you sign anything it will extend your statute of limitations. If they are suing you it is probably because you are coming up close on the debts expiration date or it is really really high.
Stop repeating questions. You asked this 4 times already.
Pay your bills. Watch this site for all these kids asking: "what credit card should I get?" "What credit card will help build my credit?" Answer those questions bluntly: Don't get credit cards. They are the road to debtors village. They are trouble trouble trouble (emphasis).
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