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    jeshal's Avatar
    jeshal Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 4, 2012, 08:23 PM
    Do I have to still respond to summons if reaching an agreement on my CapitalOne card?
    Received a summons from and attorneys/collection firm in re: to a capital one debt. I have since then reached an agreement of 3 post dated pyments with the company but am wondering if a written response is still needed to this summoms. The company states that they will be faxing me a letter stating that after FULL PAYMENT has been received then all legal action will be dropped. I have to respond to the summons by Monday and my FULL Payment won't be complete till MARCH? Just don't want to get scammed or ripped off :( can anyone advise?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Jan 5, 2012, 10:59 AM
    The worst thing that you could do (provided that this is a real summons from a court) is to ignore it. If you do nothing, then they get a default judgment against you and can garnish your wages or bank account. The judgment can stay on your credit report for ten years. Definitely respond. You have already admitted that you owe the debt to the creditor by arranging payment plan, so that won't work as a response. I would respond, and note the there has already been a satisfactory payment arrangement made with the creditor. Make sure you have that arrangement in writing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 5, 2012, 11:23 AM
    Answer it and show up if there is a hearing,


    If you have a payment plan make sure it is in writing, it is common for many collections to make payment agreements verbally over the phone and then deny any agreement latter.

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