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Got a Capital One summons today.

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Dynamo24
New Contributor

Got a Capital One summons today.

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. 

Message 1 of 20
19 REPLIES 19
DaBears
Senior Contributor

Re: Got a Capital One summons today.


@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. 

Message 2 of 20
cqdealer711
Frequent Contributor

Re: Got a Capital One summons today.

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



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Message 3 of 20
Anonymous
Not applicable

Re: Got a Capital One summons today.

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.

Message 4 of 20
cqdealer711
Frequent Contributor

Re: Got a Capital One summons today.

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



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Message 5 of 20
Dynamo24
New Contributor

Re: Got a Capital One summons today.

@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. 

Message 6 of 20
jzsnow
Frequent Contributor

Re: Got a Capital One summons today.

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!!
Message 7 of 20
Dynamo24
New Contributor

Re: Got a Capital One summons today.

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

Message 8 of 20
guiness56
Epic Contributor

Re: Got a Capital One summons today.

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

Message 9 of 20
Dynamo24
New Contributor

Re: Got a Capital One summons today.

@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. 

Message 10 of 20
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