On May 6, I received a summons that I was being sued by Capital One Bank (listed as plaintiff on summons) for unpaid credit card debt that I found out after pulling my credit reports from all three bureaus was already charged off last fall. The debt was around 2 years old.

I had 30 days to respond and made contact with a Consumer Protection Attorney who hasn't been very helpful or responsive so I found what information I could on the internet and today mailed by certified return receipt mail my response, a request for production of documents, and request for admissions to the law firm representing Capital One and the State County Clerk's office. After returning from the post office, I checked my messages and received a message from the same attorney who is representing Capital One in the lawsuit. Of course they haven't received the documents I'm sending them yet since I just left the post office but question is, should I call them and attempt to settle?

I'm supposed to be getting a refund from my student loan any day now and I'm willing to pay the amount I charged on the card but not the extra interest and late charges. If I call them and try to negotiate payment, what do I need to do regarding the papers I am sending them?

Thanks

File an intent to defend with the court and then negotiate with the collection agency. Get everything in writing including an agreement to vacate the law suit if paid in full.

Thanks. Would the documents that I mailed out on the today basically be assumed as my intent to defend as the court was also mailed copies of the documents that I sent to the attorneys?

Should I wait until I receive the return receipt cards back from the post office before I contact the attorneys because that way I will know that they received my documents?

Well, since I don't know what documents you mailed out today, its pretty difficult to answer your question. :)

I would contact their lawyers as soon as possible. If you tell them you filed the paperwork, they will likely take it at face value.

I agree, do not do anything verbally. Is this truly your debt? By the way, writing off adebt is an accounting measure and has no effect on you oweing the money.

It is mine, although it has been greatly increased due to the addition of late charges, interest, etc. I am willing to settle for what I truly owe, minus the late charges, interest and other fees.

You can always hope but for a debt this recent they have little reason to settle. It can't hurt to make an offer, in writing, but I think they will take theior chances in court to get all fees and fines, sorry.

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Originally Posted by irismagnolia

It is mine, although it has been greatly increased due to the addition of late charges, interest, etc. I am willing to settle for what I truly owe, minus the late charges, interest and other fees.

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What is the total $ debt amount (interests, fees, etc) to Capitol One?

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Originally Posted by WayTooMuch

What is the total $ debt amount (interests, fees, etc) to Capitol One?

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Why would that matter to you? That is personal information really has little bearing on helping the OP. There is no need or obligation to answer that question.