Credit Card Summons, what to do?

Question

I have recieved a summons about an outstanding debt from Capital One. It says I have 20 days to answer it in. I have looked on Answers and else where on what to do, but still am not sure how to go about it. I know I owe Capital One, but have no idead how they came to the amount of $1708.06 plus finance charges of $197.42. I want to pay them off but don't have the means to pay them outright. I have not been reached about this debt in a long time until today (maybe 6 months or so). On the summons it says "This is a communication from a debt collector" so I don't think it is Capital One but the collection agency, but it does say the suit is filed by "Capital One Bank (USA)" Anyway, I would appreciate some help on how to go about paying them. I don't have a lot of money, but want to pay what I can to start erasing this debt.

Answer 1

First of all, call Capital one to make sure that this summons letter is legit. in most cases, the bank would let you know that if certain steps aren't met, THEN your account will be forward to a collection agency. If this is so, find out what collection agency has your account and look into doing a settlement offer or a payment plan. Let them know your situation if anything and see what they can do. If it's not with a collection agency yet, try to bargain with Capital One because at the end of it all, I'm quite sure they would want to keep you as a valued customer :). Good luck!

Answer 2

Please visit this message board.  The name of this board is, "Help, I've been served"

These are people who have been where you are and can help you for FREE.

It's worth a look.

http://creditboards.com/forums/index.php...

Answer 3

Ignore the other responses.  You need to respond to the complaint.  If you don't, a default judgment will be entered against you.

What state are you in?  I would suggest that you at least consult with a consumer credit attorney.  You can get a referral from your local county bar association.  You might also be eligible for free legal assistance from your local legal aid office.

The attorney who filed the law suit on behalf of Capital One  is the one using the language  "This is a communication from a debt collector" in order to comply with the Fair Debt Collection Practices Act.

Answer 4

Even if you make an agreement with them, you "need" to file an answer to the summons and show up for the court date.

If you fail to do that then they will probably go ahead and get a default judgment against you.

If that happens, if your state allows wage garnishment then they may garnish, the judgment will report on your credit reports and any deal you made with them will be overridden by the judgment.

More than likely it is Cap One itself who is suing.

Cap One has their own in-house collection division. They rarely sell debts, the times where another collector has the debt it's usually just assigned to them.

You need to check the collecting SOL for your state. If you are past the SOL then you need to include an Affirmative Defense of SOL in with your answer.

If you are past the collecting SOL and you plead SOL in your answer, the judge should dismiss the case based on SOL.

If you cannot afford a lawyer and you file the answer yourself, you need to use your Rules of Civil Procedure (RCP) as a guide to writing up your answer.

If you are still within the collecting SOL, you could try to make a deal with them before the court date.

You might make an offer for a lesser amount, as payment in full, and a payment plan. The payment plan will have to be realistic. They will not accept a small amount that will drag the payments out for years.

Just be sure that you stick to the payment agreement or you will end up with a judgment for the full amount plus costs.

If you make an agreement with them, have it in writing and signed by them. Then, take a copy of the agreement to the court clerk and request that it is placed in the file (so they cannot try to sneak a default against you)

You might click on my profile and click on the last link I have listed to a "free" credit discussion board.

You will be able to find the collecting SOL for your state, your RCP, look at how others have written up their answers, ask questions if you have problems, etc. (everything on the site is free to read, use, post questions, etc)

Answer 5

now i am confused ,any summons from a debt collector ,toss in the trash.....if summoned to appear in court ,by the court ,you only have to appear in your defense ,so if your guilty and agree with the charge,forget it it will proceed without you.,but if you want to appear as a witness in your own defense then by all means you should go,i wish i could see the paper it sounds like a collector scam, does it come from the county courts? if your willing to pay the debt find and old bill and make as large a payment on it as you can afford,then next month the same until it's paid,have no communication with the collector ,DON"T SEND HIM ANY MONEY ,only pay capital one ..he has no authority ,he will lie to you he will tell you he is going to sue you ,it's all a scam to get some money,look at the paper closely if it has no county court information or whatever toss it in the can,it's bull.......if you e-mail it to me i'll tell you for sure ,scratch out all id numbers and your name ,iam not after your identity..............tom