topic Re: Got a Capital One summons today. in Rebuilding Your Credit

Got a Capital One summons today.

Dynamo24 — Thu, 14 Mar 2013 00:24:14 GMT

The county sheriff dropped by my house today with a Summons from Capital One (CO). They are being represented by Gurstel Chargo (GC). GC had contacted me about two months ago, so I sent a DV about three weeks later. They sent me back a stack of statements a couple of weeks after, then within two weeks of the statements I got, I got the summons. The summons says "an appropriate response must be served on the parties and filed with the office of the clerk of the court within 30 days of service of the complaint". Then it also says "You are directed to make such a service within twenty days after date of issue, and show proof of service as provided by law". My confusion is I don't see any court date on the documents the sheriff dropped off. I also am confused on who I respond to on the 30 and 20 day time lines. The balance is for ~$1000. With my tax return I can now pay this debt. I do acknowledge this debt as mine and am willing to pay. Should I contact the GC attorney that is on the summons and try to settle for less or PIF if I have to and avoid going to court? Or should I contact the court first? Any help would be much appreciated, not sure what path to take. Thanks.

Re: Got a Capital One summons today.

DaBears — Thu, 14 Mar 2013 00:30:16 GMT

@Dynamo24 wrote:
The county sheriff dropped by my house today with a Summons from Capital One (CO). They are being represented by Gurstel Chargo (GC). GC had contacted me about two months ago, so I sent a DV about three weeks later. They sent me back a stack of statements a couple of weeks after, then within two weeks of the statements I got, I got the summons. The summons says "an appropriate response must be served on the parties and filed with the office of the clerk of the court within 30 days of service of the complaint". Then it also says "You are directed to make such a service within twenty days after date of issue, and show proof of service as provided by law". My confusion is I don't see any court date on the documents the sheriff dropped off. I also am confused on who I respond to on the 30 and 20 day time lines. The balance is for ~$1000. With my tax return I can now pay this debt. I do acknowledge this debt as mine and am willing to pay. Should I contact the GC attorney that is on the summons and try to settle for less or PIF if I have to and avoid going to court? Or should I contact the court first? Any help would be much appreciated, not sure what path to take. Thanks.

Contact the court first tell them you would like to settle or PIF the account with the GC attorney and see what they tell you.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:30:31 GMT

try to settle before the court date, you dont want any kind of judgement on your record.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:33:38 GMT

WOW... I can't believe they went through the trouble to file against you in court over a debt that is only for $1,000. I had 3 charged off accounts with American Express, one was for $12,000 and one was for $5,000 and while they did file in court against me for the $12,000 account, they never did for the $5,000 account. Just can't believe CO went through the trouble of filing for only a $1,000 debt.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:35:03 GMT

ive heard of cap1 doing it for as little as 300 dollars. They tried on me for ~800

Re: Got a Capital One summons today.

Dynamo24 — Thu, 14 Mar 2013 00:37:25 GMT

@cqdealer711 whom do I contact to try and settle? The Court first then the attorney like stated above? Or just give the attorney a call? I've read on numerous boards about cap1 going after people for very low dollar amounts. I'm not too pissed about it, I just never had the chance to offer them a PFD or anything. They just served me. Either way I just want to do what I planned to do, pay them lol.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:37:53 GMT

Capital one sued me over $870. I was never even served! Apparently they taped it to the door we lived at a week after we moved states!!

Re: Got a Capital One summons today.

Dynamo24 — Thu, 14 Mar 2013 00:38:45 GMT

Also thanks to everyone for the quick responses, I really appreciate it!

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:39:31 GMT

You can call Cap 1 and see if they will settle, however, they may just refer you back to the attorney.

Re: Got a Capital One summons today.

Dynamo24 — Thu, 14 Mar 2013 00:39:52 GMT

@jzsnow that is the odd thing, I wasn't home. I thought I would have to sign something. Plus there is NO court date. I thought it seemed a bit shady but I'm pretty sure its a legit deal..considering I DO owe them the money. Seems greasey but legit.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:40:03 GMT

@Dynamo24 wrote:
@Anonymous whom do I contact to try and settle? The Court first then the attorney like stated above? Or just give the attorney a call? I've read on numerous boards about cap1 going after people for very low dollar amounts. I'm not too pissed about it, I just never had the chance to offer them a PFD or anything. They just served me. Either way I just want to do what I planned to do, pay them lol.

I would cotact whomever cap1 put in charge of suing you(probably the lawyer stated on summons) Offer a settlement with them, they will take that offer to their client(cap1) and go from there. I would offer around 60-75%.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:43:52 GMT

@Dynamo24 wrote:
@Anonymous that is the odd thing, I wasn't home. I thought I would have to sign something. Plus there is NO court date. I thought it seemed a bit shady but I'm pretty sure its a legit deal..considering I DO owe them the money. Seems greasey but legit.

You can contact the clerk of the court and find out what paperwork they have and if there is a court date. Just to make sure they aren't trying something underhanded.

Re: Got a Capital One summons today.

fishbjc — Thu, 14 Mar 2013 00:45:28 GMT

They hit my sister for 1.3k.....atty settled for 1k

Re: Got a Capital One summons today.

Dynamo24 — Thu, 14 Mar 2013 00:50:50 GMT

@cqdealer711 Is there any concern they may stall this out and screw me on the 30 day notice? This is clearly a move of trying to F me over, not over money because their attorney has to be close to the 1000 bucks they are trying to sue me for. I just don't want to have the judgement default on me and then be screwed for life when it comes to credit.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 00:56:13 GMT

@Dynamo24 wrote:
@Anonymous Is there any concern they may stall this out and screw me on the 30 day notice? This is clearly a move of trying to F me over, not over money because their attorney has to be close to the 1000 bucks they are trying to sue me for. I just don't want to have the judgement default on me and then be screwed for life when it comes to credit.

If you have the money to pay, call tomorrow and settle with them, they cant get a judgement on a paid debt. Thats a little odd that they didnt tell you the court date... maybe you overlooked it? Or maybe it says call for the court date? Its also possible they will mail you the court date separately. Ive heard capital one has attorneys in many states on the payroll already, thus they can sue over anything as they are already paying them.

Re: Got a Capital One summons today.

Dynamo24 — Thu, 14 Mar 2013 01:04:20 GMT

@cqdealer711 I read the document about 20 times, no court date I can see. I probably need to call the clerk and get that hashed out. But yeah my focus is calling the attorney, settling or PIF and hoping to get it wiped off my CR some how (how do I go about THIS?). I'll do that tomorrow and post how that went down so anyone else running in to this may get some help. Unless you guys think I should take another route of action.

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 01:07:25 GMT

getting it settled before the court date is your best route of action( if you agree the debt is actually yours) . As far as getting it removed from your credit report, that is up to capital one. You can always try to get it GW'd after you've settled. ( this is a long shot, but is worth the effort anyways, IMO)

Re: Got a Capital One summons today.

Dynamo24 — Thu, 14 Mar 2013 21:41:34 GMT

So I called the attorney here in town that GC has, which I was just directed to call their main offices in MN. I have not called because I want to be sure what to say before I call them. I'm assuming I won't be talking to an attorney but a collections agent. I've heard that these people are scum so I don't want to get caught up in their tactics and BS when trying to settle this thing. Anyone dealt with these people or have any advice when making this phone call?

Re: Got a Capital One summons today.

Anonymous — Thu, 14 Mar 2013 21:45:17 GMT

you will probably talk to an attorney IMO , but yes they are "collecting a debt"

TBH , i have never had trouble talking to an attorney with one of these places. IF your willing to pay , they are a lot easier to deal with.

Re: Got a Capital One summons today.

virgo — Thu, 14 Mar 2013 22:16:35 GMT

The worst has already happened. You don't have to call the court. They have nothing to do with this.Anything they say would amount to legal advice. Municipal filings are not assigned court dates until you respond to the summons. That's the twenty days. Just pay them what you planned. Call the name that's listed as plaintiff on the summons. I don't think that they will be receptive to just a percentage as the have already sued you. Just pay them. But keep on your toes and monitor the filings on the case to make sure they filed a motion to dismiss. They can't get a judgement on a paid debt. Good luck.