topic Re: Capital One is suing me.... please help! in Rebuilding Your Credit

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

gagirl82 — Wed, 23 Jul 2014 13:57:03 GMT

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.

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

songsofexperience — Wed, 23 Jul 2014 14:03:15 GMT

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?

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

gagirl82 — Wed, 23 Jul 2014 14:11:08 GMT

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?

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

DeeWill — Wed, 23 Jul 2014 14:16:03 GMT

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!

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

gagirl82 — Wed, 23 Jul 2014 14:19:33 GMT

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?

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?

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

gagirl82 — Wed, 23 Jul 2014 14:30:15 GMT

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?

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

songsofexperience — Wed, 23 Jul 2014 14:31:23 GMT

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!

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

songsofexperience — Wed, 23 Jul 2014 14:32:21 GMT

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

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

songsofexperience — Wed, 23 Jul 2014 14:34:34 GMT

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.

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

DeeWill — Wed, 23 Jul 2014 14:39:31 GMT

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.

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

gagirl82 — Wed, 23 Jul 2014 14:51:41 GMT

songsofexperience

Regular Contributor

Posts: 179

Registered: ‎03-05-2008

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

‎07-23-201407:32 AM

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

Yes, I just read that! I will have to think and act fast to try to get this resolved. I am going to send our a dv on tomorrow. I just read where someone got their case dismissed bc they never verified the debt.

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

DeeWill — Wed, 23 Jul 2014 15:14:16 GMT

I dealt with Hanna & Associates, they have been in many lawsuits, the biggest I believe was the one for not having an actual judge/attorney (can't remember which one) sign off on their paperwork which is required. They were just going around stamping stuff that wasn't legitimately authorized by the proper person.

However for me, I knew it was my debt and was just ready to be done with it. Do your homework though, but most importantly you have 30 days to respond to the court, don't mess with those days because they are the type to go after the default judgement for you not responding.

Good luck!

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

Anonymous — Wed, 23 Jul 2014 15:53:48 GMT

You should be able to settle before court and avoid another Judgement.