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ShankerXV · Feb 20, 2008, 08:35 AM

Ok so here's my situation. I owed Capital One about 6500 dollars. They got a law firm, Rubin and Rothman to contact me. He said if I don't pay by a certain date then they will proceed with the motions and something. He also said if I don't pay by friday(back in January last month) then the motion would continue. So we made a date to pay by the 25th of January. He said he needed a bank account on file to stop the motion, so I gave him it. Money was collected on the 25th( we made an agreement for 5500) February 5th, I received a summons dated for the 23rd(2 days before payment was suppose to be withdrew directly from my bank account). I called the law firm, they said it's normal, it's already cancelled and I can disregard it. I called civil court on the 19th and they said that the case is still open and I should still answer it. I called back the law firm, and they said that before the 25th of this month I'll get papers saying the debt is settled. The thing is that's 2 days after the deadline I have to appear in court. Are these people telling the truth? If I don't answer the summons, does this mean they can take even more money? The law firm said they wouldn't do so, but it's fishy. I asked how come the case is still open yesterday, and they told me the procedure takes time and doesn't happen in 2 or 3 days, but it's been 2 weeks since I asked about the summons I received! I know it doesn't take 2 weeks to enter a stipulation to withdraw a summons does it? What should I do? I have 2 days left to do something only. Please advise.

JudyKayTee · Feb 20, 2008, 08:56 AM

Do you have a written agreement that you settled for $5500 or are they going to say, no, you owe them $6500 and have paid $5500 - ?

If you don't get a notice that the hearing is cancelled you are going to have to appear just in case -

ShankerXV · Feb 20, 2008, 10:51 AM

They said I will get the papers before the 25th, and that I can disregard the summons. They said that a judgment will not go against me, it just won't happen. I owed 6500 originally, we made an agreement to settle it for 5500.

JudyKayTee · Feb 20, 2008, 10:56 AM

Originally Posted by ShankerXV

they said I will get the papers before the 25th, and that I can disregard the summons. They said that a judgment will not go against me, it just won't happen. I owed 6500 originally, we made an agreement to settle it for 5500.

Written or oral agreement?

ShankerXV · Feb 20, 2008, 11:41 AM

It was oral over the phone. I am reading the summons and the date to that they put it in to court was the 14th, the day we talked on the phone I believe. Could there be some truth to it?

JudyKayTee · Feb 20, 2008, 11:56 AM

Originally Posted by ShankerXV

It was oral over the phone. I am reading the summons and the date to that they put it in to court was the 14th, the day we talked on the phone I believe. Could there be some truth to it?

I think unless you get a definite answer you are going to have to go to Court just to protect yourself.

Hopefully it's a mistake and the law firm is just slow with the paperwork but I don't think you can take a chance.

ShankerXV · Feb 20, 2008, 12:01 PM

Yeah, it's just with work and school it's very hard. I read the date on the summons, it was done on the 14th, but filed on the 23rd, so I sort of do believe it takes a long time. I'm not too sure.