Re: Being Sued

Posted by Leeza (168.98.149.204) on July 26, 2002 at 09:33:36:

In Reply to: Being Sued posted by Libby on July 26, 2002 at 08:34:02:

At this point, having them validate the debt is something they will do in court if push comes to shove. That is, you request all the documents during the discovery period the court allows. Capital One can be a good credit card company to have if you pay on time and stay within your credit limit. I haven't had any negative experiences with Capital One. However, once you fall behind or go over the limit, the fees that are assessed can be astronomical.

If I were you, I'd first File A Leave to Plead with the court, it buys you 30 more days before you have to file your Answer to their complaint. I'd do my research to find out whether or not I'm judgment proof, and if not, what can they use to get their money if a judgement should be ordered.

I'd write a letter to the attorney. Do not offer any explanations other than to say. I am the defendant in this case. I am prepared to pay $300 in full. Please contact for payment arrangements. Well, not that brief, but you get the picture. If they refuse to settle for $300, then you'll have to get a number together which you could settle for in one lump sum. 50% of the balance? 70% of the balance? Try and save up that money now. When you go to file your answer. Just deny owing the money. Don't offer any explanation as to why you didn't pay them, or couldn't pay them. That's beside the point, the point is you didn't pay them. Besides, all the information you include in your answer can be used against you when its time to handle it in court. Less is more. If you choose to file a counterclaim, which I recommend, you can raise the issue that Capital One nor the attorney gave to the opportunity to dispute the debt before filing a law suit. The law says, they have to give you notification of the debt and a chance to dispute it. If they didn't, then you have a FDCA violation.

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