help! received summons from Capital One

[Anonymous]

my husband received a summons 6/19 from capital one and we have 20 days to answer.  the original balance was $2200 but the summons stating he now owes $2934. should we answer to the summons or contact the collection law firm handling this for capital one. the collection law form also attached their info to the back of the summons with their contact info if we would like to arrange payments. Not sure what we should do. File an answer and take it to court? offer a settlement? please help!

[Jnbmom]

Is this a summons to appear in court? If so then you should contact to try to pay before the court date, if not they will get a judgement and you don't want that.

Is the law firm Glasser and Glasser by any chance? They handle most of capital ones and will get judgement and garnish.

They usually won't settle either, they will take payments. At least that has been my experience

[Anonymous]

yes but no court scheduled yet. i either have to answer or they get a default judgement against. i assume the collection agency is expecting a call to arrange payments. the collection law firm is Machol & Johannes from Bellevue, Wa

[RobertEG]

It is not a one or the other decision.

You should file an answer with the court, regardless.  You never know how negotiations may go, and if you fail to file an answer, you are conceding to the complaint and the creditor may receive a default judgment.

Filing an answer is not difficult, as you dont need to prove your denials.  If you need assistance, then consult an attorney.

A decision as to whether or not to go to trial depends upon whether you think you can prevail.

It also depends upon whether the SOL has expired on the debt.

If you do go to trial and lose, you will receive a judgment that will likely then be shown in your credit report, further damaging your score.

If you feel that the complaint is legit and you will lose, it is best to avoid a trial/judgment by obtaining a settlement prior to trial.

I use the term settlement loosely as meaning either payment in full, or reaching an agreement for settling for less than the full debt.

If you reach an agreement with the creditor, they will then notify the court, and the complaint will be dismissed.

[Jnbmom]

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@Anonymous wrote:

yes but no court scheduled yet. i either have to answer or they get a default judgement against. i assume the collection agency is expecting a call to arrange payments. the collection law firm is Machol & Johannes from Bellevue, Wa

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Yes you have time to answer and as Robert posted just make sure this is legit and SOL hasn't ran out. I should have mentioned that, my bad.

[Anonymous]

Well Robert is partially correct but I think a little more info would help.

Does it cost money to file an answer with the court in your jurisdiction? If no, I definitely agree with at least filing a general denial, then calling the firm to set up an arrangement.
If it does cost money I would suggest trying to set up a formal arrangement since you have time before an answer is due, they will send you a stipulation. Hopefully it’s just a stipulation and not a stipulation for entry of judgment.

Most firms will also grant you a courtesy two week extension especially if you’re attempting to resolve the account. Good luck!