cancel
Showing results for 
Search instead for 
Did you mean: 

Capital One summons HELP

dpsyche4
New Contributor

Re: Capital One summons HELP


@pnrbma wrote:
What is going to happen once the judge or whomever receives my letter?
Will they just serve me then or???

This happened to me but w/ Midland funding. I had documents served to my parents home where I no longer reside. Given that there was an individual above the age of 18, they were able to serve the documents, although I never personally received them. I logged onto the county clerks database to confirm that this infact was valid and it sure was. I went ahead - called Midland directly, gave them my sales pitch on settling for the least amount possible and setting up a monthly payment plan. I received all documents from midland stating I had already set up a payment plan to my benefit, I did not incur court fees, and told them I would NOT settle in court since I had made prior payment arrangements. If you log on to the collection agencies website sometimes they have payment plans of even as small as $4 a month (however, for the full amount due). I know you didn't get served, but if the debt is valid I would look into arranging something that makes sense to you financially. DO NOT agree to something you are NOT able to pay. Shoot for the lowest possible. They were offering me a lump sum settlement but only if I was able to pay it that same day. I actually asked them if they were out of their mind. I asked for the lump sum discounted amount AND that I wanted monthly payments. I told them they could either take it or leave it. They attempted to sucker me into higher amounts and I told them, that they either compromised and helped me or I would just go on their website and agree to pay $4 for the next 120 months. They didnt like the sound of that. So they agreed to what I wanted. I then proceeded to settle 3 other accounts I had with them, the same way. Each rep seemed to give me the same broken record on how they could not go lower, but they eventually buckled to my decision. Hope that helps. I am now paying on a monthly basis- once a month a payment where I use my Quicksilver One credit card to have these payments autopay'd and at the same time I am gaining cash back. Fingers crossed I hope this helps. Don't buckle but DO settle before you go to court, they will garnish your wages if the debt is valid. 

Message 51 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP

I received a notice of court action - but nothing in response to the letter I sent to the court like the employee advised me to do. Bench trial Oct. 23.

I am still researching whether I should consult a lawyer over this or just call the lawyer in this case and see about settling before court. I have yet to find one for myself in this field who doesn't charge way too much than I can afford.

 

Message 52 of 57

Re: Capital One summons HELP

To the OP (and anyone else interested):

The Process Server lied.  Prior to our filing Chapter 7 in 2015 the exact same thing happened several times.  We even had a case where a process server came to my door and I ignored his incessant knocking.  After a while he left.  I even heard my neighbor telling him that the people who lived there (in my house) had moved to Europe (cool neighbor!).  Yet, a few weeks later I started getting the "A lawsuit has been filed against you!" letters from a billion attorneys, and when I went to the County's online docket page there it was, along with so-called "Proof of Service" filing in which the Process Server claimed to have personally served a (insert generic white male in his fifties description) on the day he had pounded on my door with no response.
This situation seems to me to be a real Catch-22 situation.  You're damned if you do nothing and you're damned if you respond to say you haven't been summoned (because then it's obvious you are aware of the lawsuit against you).  I have thought about going back now and filing an action or at least registering a complaint with the court about those jerks who falsely claimed to have served me papers. 

As time permits, I'm going to read through the thoughts of others in this (rather long) thread.

Best wishes,

John

Message 53 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP

WOW!

Scary how this happened to you, too!!!

Please keep posted!  I have to decide how to proceed soon as today is one month away from trial date.

Message 54 of 57
Shooting-For-800
Senior Contributor

Re: Capital One summons HELP

If it was me, I would try to negotiate a 0% payment plan for a reduced amount to avoid going to trial altogether.

Even if they wont budge on interest or balance, if you can start a payment plan and cancel trial, you can buy a lot of time.

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $400k unsecured credit in 2022.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!


Message 55 of 57
pnrbma
Regular Contributor

Re: Capital One summons HELP

I accepting a payment plan ; however - they said I still have to go to the court date. 

I would think signing the consent judgement for payment plan would cancel trial - so I am confused again.


@Shooting-For-800 wrote:

If it was me, I would try to negotiate a 0% payment plan for a reduced amount to avoid going to trial altogether.

Even if they wont budge on interest or balance, if you can start a payment plan and cancel trial, you can buy a lot of time.


 

Message 56 of 57
Shooting-For-800
Senior Contributor

Re: Capital One summons HELP

Tell them you need the court date canceled before you start paying.  Or give the $100 good faith payment.  If they say no, try and get it moved to 90 days out to prove you will make payments.

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $400k unsecured credit in 2022.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!


Message 57 of 57
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.