Receive summons so I’m Settling Cap1 in 2 payments

[Anonymous]

So I am in the state of Az and received civil summons for one of my 2 cards. I set up an agreement to pay it in 2 payments and getting a small discount. The other option would be an 18-month payment plan.

He said that he will send a letter out in the mail stating I’m paying this in full by January 31 and mentioned that even though he can’t offer or recommend either way that I file a response with the court because he’s not an attorney, he said that as long as I pay this agreed amount or set up a payment agreement they will file to have the case dismissed (if settlement paid by January 31) or if going with the 18-month payment plan, they will file this paperwork with the court and let them know sn agreement has been made.

Does anyone know if I need to file a response still? I just want to pay this and move on since I do know the debt is mine.

Thank you!!

[OmarGB9]

I would consult an attorney (many offer free inital consultations), but my guess would be to still file some type of response, just in case, as it's better to be safe than sorry.

[ItsCASHual]

As long as you pay on time as agreed, they are legally obligated to inform the court. I have personal experience with this. Now, if you get a court date that is prior to the Jan 31 pay off date, then yes, you should file a response to the court so a judgment is not entered against you.

My experience was with Calvary and it went rather smoothly (and no judgment against me because I paid it off as agreed). I received a copy of the discharge from the court a few days after the last payment was made to Calvary (it was originally a charged off Synchrony Care Credit account).

Good luck. I think you will see it will go smoothly as you have already done the hard part of contacting them for repayment. All they want is some money.

[gdale6]

Yes, file a response with the court otherwise they could move to get the judgment based on no contest from you. Never trust anyone even an agreement when a court case has been filed.

[silver_idle]

If you move to have it paid before responding, they will have no choice but to dismiss without prejudice (since their suit would have no merit once its paid or settled outside of court as agreed between the two parties), but if you plan on doing an 18 month payment plan, respond. In many cases its not required, but its better to be safe than sorry. Cap1 isnt really known to stab people in the back when youre working with them, but you never know who youre dealing with specifically (since not all cases are handled by the same individual). To be safe, once it is paid before that date, respond stating that the debt was paid in full or as agreed. They (cap1) may then move to have the case dismissed without prejudice.

[FireMedic1]

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@Anonymous wrote:
So I am in the state of Az and received civil summons for one of my 2 cards. I set up an agreement to pay it in 2 payments and getting a small discount. The other option would be an 18-month payment plan.

He said that he will send a letter out in the mail stating I’m paying this in full by January 31 and mentioned that even though he can’t offer or recommend either way that I file a response with the court because he’s not an attorney, he said that as long as I pay this agreed amount or set up a payment agreement they will file to have the case dismissed (if settlement paid by January 31) or if going with the 18-month payment plan, they will file this paperwork with the court and let them know sn agreement has been made.

Does anyone know if I need to file a response still? I just want to pay this and move on since I do know the debt is mine.

Thank you!!

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Looks like you already agreed and they are sending the papers to finish this off in 2 payments. If so, be done with it.