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    LifeInPiink's Avatar
    LifeInPiink Posts: 2, Reputation: 1
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    #1

    Sep 27, 2007, 12:08 PM
    Concerning a Civil Summons.
    Monday, September 24, I received a civil summons concerning a credit card debt. I received three papers, two being the same copy of a summons, the other stating how much I owe the company (Capital one). The date on the summons says May 21, 2007. Is it too late to do anything about it? Also, I am fairly sure I can pay off the debt, do I have to do anything with the courts, or can I just contact the office suing me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 27, 2007, 12:19 PM
    First you need to check with the court that issued the summons and see if a default judgement was entered against you. If one hasn't, then file your Intent to Defend with the court and a copy to the plaintiff.

    Include in the copy to the plaintiff, a request for validation of the debt. In that request add something like:

    If you can prove that this is my debt then I would be willing to negotiate a settlement.

    A large part of the balanace is probably interest and fees that have a accrued while the debt was delinquent. Since the plaintiff probably purchased the debt for pennies on the dollar they will probably be willing to settle for a lesser amount, especially paid in a lump sum. So you can start offering about 50%.

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