Capital One is suing me.... please help!

[gagirl82]

I received a complaint and summons of suit from Capital One for an unpaid credit card debt from 2011 when I became unemployed.  There is a law office collecting on Capital One's behalf.  Long story short I was unemployed but I had the credit card insurance that is supposed to cover you in case you become unemployed.  It was working but then my grandmother died and I became really depressed and just completely ignored the outside world...including my bills.  The debt is only $1,000 and I have the means to pay it.  I already have two judgements and I definitely do not want another one on my credit.  The summons says that I have 30 days to answer.  Can someone please advise me on what I should do?  Ideally I would like to have the case dismissed and the thread line deleted from my credit report. 

[songsofexperience]

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

[gagirl82]

songsofexperience

Regular Contributor

Posts: 176

Registered: ‎03-05-2008

Re: Capital One is suing me.... please help!

‎07-23-201407:03 AM

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

Yes it is still withing the SOL.  Do you think that I can possibly settle for less? Also, the suit is already filed.  How do I get it dismissed with prejudice?

[gagirl82]

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

Yes it is still withing the SOL.  Do you think that I can possibly settle for less? Also, the suit is already filed.  How do I get it dismissed with prejudice?

[DeeWill]

Re: Capital One is suing me.... please help!

‎07-23-201407:03 AM

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

Yes it is still withing the SOL.  Do you think that I can possibly settle for less? Also, the suit is already filed.  How do I get it dismissed with prejudice?

I had this happen to me, call the law office like songsofexperience said, work out a settlement in writing.  Then go to the courthouse before the 30 days with a copy of the settlement and answer it stating that a settlement has been met.  The law office has to send a copy of the settlement to the courthouse as well but they will not do so until they have the actual payment.  The reason you need to do so is because you only have 30 days to respond to the court.  

With mine, even though it was paid a court date was set but eventually dismissed because the court received a copy of the terms from the law office.

Good luck!

[DeeWill]

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

Yes it is still withing the SOL.  Do you think that I can possibly settle for less? Also, the suit is already filed.  How do I get it dismissed with prejudice?

I had this happen to me, call the law office like songsofexperience said, work out a settlement in writing.  Then go to the courthouse before the 30 days with a copy of the settlement and answer it stating that a settlement has been met.  The law office has to send a copy of the settlement to the courthouse as well but they will not do so until they have the actual payment.  The reason you need to do so is because you only have 30 days to respond to the court.  

With mine, even though it was paid a court date was set but eventually dismissed because the court received a copy of the terms from the law office.

Good luck!

[gagirl82]

DeeWill

Valued Member

Posts: 49

Registered: ‎05-15-2008

Re: Capital One is suing me.... please help![ Edited ]

‎07-23-201407:14 AM - edited ‎07-23-201407:16 AM

Re: Capital One is suing me.... please help!

‎07-23-201407:03 AM

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

Yes it is still withing the SOL. Do you think that I can possibly settle for less? Also, the suit is already filed. How do I get it dismissed with prejudice?

I had this happen to me, call the law office like songsofexperience said, work out a settlement in writing. Then go to the courthouse before the 30 days with a copy of the settlement and answer it stating that a settlement has been met. The law office has to send a copy of the settlement to the courthouse as well but they will not do so until they have the actual payment. The reason you need to do so is because you only have 30 days to respond to the court.

With mine, even though it was paid a court date was set but eventually dismissed because the court received a copy of the terms from the law office.

Good luck!

When I call the law office do I just call and attempt to settle for less and ask for the terms I want to settle on?  When it happened to you were you able to get the original creditor to delete the thread line?

[gagirl82]

Re: Capital One is suing me.... please help!

‎07-23-201407:03 AM

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

Yes it is still withing the SOL. Do you think that I can possibly settle for less? Also, the suit is already filed. How do I get it dismissed with prejudice?

I had this happen to me, call the law office like songsofexperience said, work out a settlement in writing. Then go to the courthouse before the 30 days with a copy of the settlement and answer it stating that a settlement has been met. The law office has to send a copy of the settlement to the courthouse as well but they will not do so until they have the actual payment. The reason you need to do so is because you only have 30 days to respond to the court.

With mine, even though it was paid a court date was set but eventually dismissed because the court received a copy of the terms from the law office.

Good luck!

When I call the law office do I just call and attempt to settle for less and ask for the terms I want to settle on?  When it happened to you were you able to get the original creditor to delete the thread line?

[gagirl82]

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

Yes it is still withing the SOL. Do you think that I can possibly settle for less? Also, the suit is already filed. How do I get it dismissed with prejudice?

I had this happen to me, call the law office like songsofexperience said, work out a settlement in writing. Then go to the courthouse before the 30 days with a copy of the settlement and answer it stating that a settlement has been met. The law office has to send a copy of the settlement to the courthouse as well but they will not do so until they have the actual payment. The reason you need to do so is because you only have 30 days to respond to the court.

With mine, even though it was paid a court date was set but eventually dismissed because the court received a copy of the terms from the law office.

Good luck!

When I call the law office do I just call and attempt to settle for less and ask for the terms I want to settle on?  When it happened to you were you able to get the original creditor to delete the thread line?

[gagirl82]

songsofexperience

Regular Contributor

Posts: 176

Registered: ‎03-05-2008

Re: Capital One is suing me.... please help!

‎07-23-201407:03 AM

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

So I googled the "attorneys" that are now suing me and apparently they are not attorneys at all....Frederick J Hanna & Associates is a debt collection agency.  Is it possible that capital one sold my debt to them and now they are attempting to collect?

[gagirl82]

Call the law office and offer to pay in full for a deletion. Even if they won't delete, you should pay it before you have to go to court. Is it still within your state's SOL?

So I googled the "attorneys" that are now suing me and apparently they are not attorneys at all....Frederick J Hanna & Associates is a debt collection agency.  Is it possible that capital one sold my debt to them and now they are attempting to collect?

[songsofexperience]

Call or write them and offer 40% or whatever you want with the understanding if they do settle they'll try to get you up. Have room to go up and be prepared to PIF. Tell them you just can't afford the full amount. Don't agree to a payment plan. Get any agreement in writing and make sure that it includes dismissing the case and that your account Wil show paid on your CR. 

Good luck!

[songsofexperience]

Oh! Georgia is suing them for manufacturing debt collections lawsuits - google it! Use it to your advantage!

[songsofexperience]

• Actually, I posted a link to the story on here last week I think it was. You definitely want a DV especially since it's a CA and not the OC suing you.

[DeeWill]

When I call the law office do I just call and attempt to settle for less and ask for the terms I want to settle on?  When it happened to you were you able to get the original creditor to delete the thread line?

My debt was for $1147 and I settled for $700.  My debt went to the collection agency who in turn filed suit, so the collection agency deleted it from my report.  Still waiting to see if the original creditor will, sent them a letter no response yet, but atleast I don't have 3 baddies reporting, just the original one.