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 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.

Last week, the law firm mailed me their response which included a letter indicating that my account was charged off in July of last year and that interest has continued to accrue, copies of statements that were mailed to me, and an invitation to contact the office to discuss settlement.

My question is on how I should approach negotiating settlement? I am willing to pay what I originally owed, which was $953.00 but they are saying with late charges and interest I owe at least $2133. I have been unemployed since last September and with unemployment due to run out in a couple of months, I don't have $2133 lying around.

Thanks!

Offer them a lump sum of LESS than what you and explain your circumstances. Tell them it's the best you can afford.

If they say "no" tell them you need a few hours to see if anyone will lend you money.

Call them back and tell them you can afford $X, whatever seems reasonable to you.

I would make the best offer you can the second time and not try to negotiate with them. Of course, anything less than what they are asking is a monetary saving for you.

First, you do not respond to a summons by contacting the plaintiff. You have to respond to the court that issued the summons. If you have not done so, you have passed the deadline and the plaintiff could get or has gotten a default judgement. You need to check with the court as to the status of the summons.

As to negotiations follow Judy's advice.

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Originally Posted by ScottGem

First, you do not respond to a summons by contacting the plaintiff. You have to respond to the court that issued the summons. If youy have not done si, yoiu have past the deadline and the plaintiff could get or has gotten a default judgement. You need to check with the court as to the status of the summons.

As to negotiations follow Judy's advice.

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Was going to give you a greenie - you caught something I totally missed (the "don't contact the plaintiff" part). Good catch!

Quote:

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Originally Posted by ScottGem

First, you do not respond to a summons by contacting the plaintiff. You have to respond to the court that issued the summons. If you have not done so, you have passed the deadline and the plaintiff could get or has gotten a default judgement. You need to check with the court as to the status of the summons.

As to negotiations follow Judy's advice.

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I already responded to the court in the manner that I mentioned in my original post back in May.

Are you saying that I need to file a response with a copy of the court to the documents that the law firm representing Capital One sent me? In their letter to me, they (the law firm) said they are not required to keep detailed files of the alleged debt and only sent me some copies of some monthly statements that Capital One had sent me, no original documents with signatures, noting objections to this in their response to my Request for Production of Documents, and Request for Admissions.

Thanks!

They can tell you whatever they want. But they have to prove in court that you agreed to open the account, copies of some statements won't do that.

So how should I proceed? Do I wait on them to summons me to court? They haven't asked me to respond to anything else? They just sent me the documents that I mentioned (copies of some credit card statements) along with the letter saying that they weren't required by law to keep the original documents. Do I need to send some type of response to them?

Now I'm confused - you start by saying you got a summons. Now you are saying should you wait until you get a summons.

Which is it before anyone gives any more advice?

You said you responded to the court. Check with the court to find out when or request a hearing.

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Originally Posted by JudyKayTee

Now I'm confused - you start out by saying you got a summons. Now you are saying should you wait until you get a summons.

Which is it before anyone gives any more advice?

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When I received the summons, there was no court date listed on the summons. I responded to the summons by mailing the documents that I indicated in my earlier posts (request for production of documents, my response, etc) to both the plaintiff and the court.

The plaintiff sent me a letter that indicated that they would like for me to call them to talk about settling this matter along with their response to my requests which included copies of some credit card statements but no original documents as I had requested. My question is what should be my next move? Are there more legal documents that I should file telling them the documents they sent me aren't sufficient as they aren't originals with my signature (they quoted a statute saying as a collector they don't have to keep originals, although they are listing the Plaintiff as Capital One in their filings)? If I am thinking about settling should I send them a letter certified mail saying that I am willing to see what they would like to offer as a fair settlement in writing?

Suggestions...

You send them a letter stating that you cannot discuss a settlement until they provide proof that you opened this account and that you used it. Tell them the documents they sent do not prove that. If they can verify the debt, then you are willing to talk settlement.

Quote:

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Originally Posted by ScottGem

You send them a letter stating that you cannot discuss a settlement until they provide proof that you opened this account and that you used it. Tell them the documents they sent do not prove that. If they can verify the debt, then you are willing to talk settlement.

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Thanks!