[sacha]

OK I had a capital one card that I have not paid for proly a year now, only because I was not able to. I received a notice in the mail from law office of cohen and slamowitz claiming they are getting ready to sue me if I don't pay my debt. I currently owe $1800. I have called to try to come to an agreement on payments I can do monthly, but they are not being reasonable. The woman I spoke to on the phone had a horrible attitude, and wasn't really cooperating with me. She didn't care that I was a college student and that I didn't make that much money. We agreed with paying 200 a month, and I signed papers that came in the mail saying that I agree to do such a thing. I post dated a check for 200 on July 5, but when I checked my account 2 days later, and they have not taken the money yet. I started to get worried, because they had my account and routing number, and didn't take the money when they were supposed to. I didn't want them to think they had the freedom of taking the money whenever they felt like it.so I put a stop payment on the check and I opened a new account at a new bank. 200 is way too much for me to pay. Now I got a letter in the mail from them stating that if I don't send them a replacement check, they will exercise their rights by the law. Can they really sue me for debt? What should I do? I am very scared

[GlindaofOz]

Yes they can. You enter into a contract with the credit card company when you signed that application.

Only thing I'm confused about is there were no collection calls? It went straight from you not paying to being sued?

[sacha]

Yes there were numerous calls before it got to this point, but I always avoided their calls

[GlindaofOz]

Ouch. You never avoid a debt. But I guess you've figured that out now.

I would send the check again via certified mail so you will know it has been received. You need to show some good faith here. I would call them and say that you were scared when the check wasn't cashed and you panicked and stopped payment.

[sacha]

I guess I will try again, but it might be too late because they wanted a replacement check within 10 days, it is past that now. And I realistically cannot pay 200 a month. I'm still in school

[GlindaofOz]

Well you should call them and work something out or else you will have to pay court fees et al. This won't go away you have to do something. This is a pretty bad mark on your credit report and it will stay for a long time.

[sacha]

I have told the lady on the phone that I will not be able to give them a check until September for the debt, but she didn't want to wait till then. This was in the beginning. I really don't know what to do. I have no money till then

[GlindaofOz]

Unfortunately, you are probably out of the negotiation phase with them. The collection agency could have worked something out. I would call back and say I have no money I don't know what to do. Can we arrange something like $20 until I can pay the full amount. See what they say.

Again you cannot ignore this because they will take you to court and it will be much, much, much worse.

[sacha]

Unfortunately, you are probably out of the negotiation phase with them. The collection agency could have worked something out. I would call back and say I have no money I don't know what to do. Can we arrange something like $20 until I can pay the full amount. See what they say.

Again you cannot ignore this because they will take you to court and it will be much, much, much worse.

I just want to say thanks for suggesting that I call the debt collector to work a deal. I called and we did come up to a certain agreement, and no she didn't allow me to pay at least 20 dollars, although that would have been perfect, lol. But you if I didn't get your advice I wouldn't have called her and I proly would have been sent to court. Thanks

[GlindaofOz]

No problem. I always believe that life hands you lessons they just tend to be the most expensive ones to learn. Good luck with everything

[ScottGem]

Do NOT send them a personal check. Send Money orders.

[sacha]

You, I definitely learned my lesson. Lol. Thanks