10-10-2012 12:26 PM
I have a CapOne CC that was sent to collections about a year ago, well about a month ago I had a man knock at my door at 7pm on a Friday night and serve me with papers that I was being sued for the balance. Apparently an attorney bought the debt, and is taking me to court for payment. How is this possible? I know so many people with CC debt way older and way higher balances and this has not happened to them. I sent a letter to the court and attorney, only to receive a court date notice. Anyone have this happen? What can I do to avoid the court?
10-10-2012 01:03 PM
Did they ever send you a letter within the past month telling you that they were trying to collect the debt?
Was he an attorney representing Cap 1 or was he an attorney that is collecting the debt? (if he is attorney represeting Cap 1 then they are suing you which they wouldn't need to send anything more than they already did since you didn't pay). If its a collection agency type attorney then he would have had to send you a letter stating he was trying to collect the debt and give you the opportunity to DV or pay.
Either way you are more than welcome to offer to settle this prior to the court date.
If its a small amount and/or you can pay it in full, I'd offer to do a settlement. Call the attorney and offer a settlement. They will probably deny it since if they go to court the judge could say you pay it all. If they deny anything less then at least pay it in full if you owe it PRIOR to the court date.
If you pay it prior to the court date then when you show up you can ask for it to be dismissed based on the fact that the debt was paid. Yes, you'll still be out the money, but at least you won't have a judgement on your record.
10-10-2012 02:07 PM
Regardless of when the debt collector obtained collection authority, either by way of assignment from the current debt owner or by purchase of the debt, they are not required to send any communication, including dunning notice, to the consumer until such time as they communicate with the consumer regarding collection of the debt.
They are then required, within 5 days of any initial communication, to provide dunning notice.
You may have an issue to raise with the court should you go to trial if they did not, either in the papers served on you in a separate dunning notice, advise you of the name of the creditor, the amount of the debt, and advise you of your right to request debt verification. It is typical to motion the court that the debt collector be required to fulfill their dunning notice requirement prior to consideration of the merits of the case, and provide debt verification. Kinda a procedural issue that must be resolved, but you can pursue it if you wish.
I would second the recommendations of others. If they can establishe legitimacy of the debt at trial, you will lose.
I would settle prior to trial.