[passionred]

I received a summons for a charged off credit card debt from Capital One... This was charged off by Capital One earlier this year according to my credit report. The summons is from an attorney for Capital One. I thought if it was charged off, they sold the debt? I do not have to appear just respond within 20 days.. Not sure how to respond.. Do I tell them I can pay 100.00 a month until it is paid? I realize I need to pay the debt but obviously I do not have the money to do so in full.

[twinkiedooter]

Capital One charged off the debt from their books. It did not discharge the debt as far as you still owing the money to them is concerned. You didn't say how long ago your last activity was with the account. Could it fall under the SOL for your state? In any event you still must file an Answer to this suit or they will obtain a Default Judgment against you and collect the money from you probably by garnishment of your salary.

You can call the attorney and tell them you would like to make monthly payments on the debt, but file the Answer regardless to protect yourself.

[ScottGem]

A chargeoff or writeoff has nothing to do with you. It simply means that the creditor took the balance owed as a loss against income. They may turn around and sell it or they may continue to try and collect it inhouse.

If you want to avoid court try negotiating a settlement. Otherwise they will win a judgement and can then attach your salary or other assets.

You do need to respond with your Intent to defend. There are hundreds of similar threads here that have more info for you. I suggest browing around a bit.