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Okay, I've been slowing getting my personal credit together and I have a few of curious ones. 1) I have a rather large judgmeent for $9000 (with interest its probably almost 12000 now) that I got in 2011. I do owe it and all the service and everything was proper. I set up a payment plan for $200/month that's documented on the docket with the courts that both the attorney and myself agreed to it. I can comfortably pay the payment plan but with the size of the judgement and the interest on the judgement, it would take me almost 15 years to pay it back and I would pay $16,000 in interest alone!! I don't want that, I'd like to buy a house in a couple years. I don't have enough to pay off the entire balance but I could probably pay around $5000 in a lump sum. I should clarify that this debt is out of my current state of residence and they are unaware of my employment or bank accounts (not sure that matters?). My question for this one is would they have any incentive to take a settlement of less than is owed at this point? Should I even pursue a settlement? My take is I figure since I'm abiding by the payment terms anyway, I can't really lose. Any thoughts? 2) I have another judgement (I only have 2, I swear lol) This one is smaller and older. Only $1000 and granted in 2007 from Capital One and it was done properly. Also out of my current state and unaware of my employment and bank accounts. With interest this one is probably around $1300, which I could probably handle. I don't have a payment argeement with them but I wanted to try and settle for around $600. I'm not sure if that's enough but they havent been able to collect for almost 6 years so maybe, right? Again, any thoughts on likelihood of them to accept a settlement? How should I approach them about a settlement? Call? Write? 3) This one makes me angry. I have a collection account on my credit reports from some CA. They do not own the debt and its collecting on behalf of an apartment complex. It's from 2007 and apparently from an apartment complex I used to stay in. I did stay in the aparatment complex but when I left, I didn't owe anything as far as I know and never got any paperwork for past due owed. It's for about $4000. By the credit report dates, it will drop off my report next year in August. By the state SOL, it will be past the SOL in August of this year. Also out of my current state, unaware of employer/bank accounts...for now I guess. I called the CA and asked them to send me some verification of the debt. Or some documentation that I owed it. They said they did send out info in 2007 (to some address I didn't recognize) and they would not send out anymore paperwork to validate the debt. WTH? Well, Im not paying a debt they won't even send any documentation for. So how do I proceed with this one? Just let it roll off in 2007? If they decide to sue in these last few months they are able, will they have to sue me in my current state or will I have to travel all the way back to the state the apartment complex was in? And will they have to find me first? Maybe I'm worrying too much about it but my plan was to let the SOL pass and then contact the CRA and see if I can get it removed. Also they told me a payment was made on the account in 2009, I didn't make it, does that matter? I've heard it can reset the SOL? Thoughts? Any feedback or comments are appreciated. Also would like to hear from anyone who has ever settled a judgment for less than is owed. What did you settle for (percentage) and what were circumstances (old debt, garnishing wages, etc.), get it in writing?
I got a letter in the mail today from a law office stating "you may not have been served yet but public records show you have a lawsuit or garnishment from Cavalry LLc " and then they went on to offer me bankrupcy or chapter 7 help ect with a flier for their law office. So does this mean I am being sued? I also looked at my credit report on the card in question and it said a payment was made in 2010 and I never made one since I have no idea about this card. That would throw out the 6 year limitation. And my report also says it was charged off in 2011 so I am not sure what to think. My laws would be TN. Thank you.
Hi, This is my first post! I did a google search looking information on what my legal rights were and I just happened to find this forum. How resourceful! I was served two weeks ago by Capital One bank for 1700.00. An agreement was not attached to the summons. I contacted the attorney listed on summons and offered 1000.00 (over the phone). The debt collection agency informed me they would speak with the attorney and call me back with a counter. They countered with 1500.00 which was more than I can pay. I have not had any communication with them since last week. My question: My court date is on April 15th at 9 am! I am just now reading through the forums and there is sooooo much information on arbitration that I am overwhelmed with all of the information and where to start considering the LACK of time I have. At this point, there is not enough time to send a certified letter (before the court date). I read something about filing a motion with the court clerk. Is it too late for this? Could someone lead me in the right direction? I HAVE read through the forums, but I am really pressed for time so I was hoping someone could give me a more direct answer tailored to my situation. Also, I'd be willing to settle for between 800-1000, but I cannot afford anything more than that. What action(s) should I take immediately? Anything I should be reading up on prior to my court date?
Trueq , Wow need to know more about (JAMS arbitration! ) in Vegas , I don't know if you have seen any of my posts , a lot of members have been helping me a lot . I have four cases going on right now , I have went to my first pretrial , they set my trial date but then when I demanded a trial by jury they said they would set the date later . I have listed the court records below , I need to understand more about arbitration in Vegas , I would love to go that way , One of the cases is my wife's and she is not looking forward to a jury trial . At what point can I invoke my rights to arbitration ? Can it be done even if a trial date is set ? 6/29/2009 3MTN TO DISMISS - CIVIL 6/29/2009 2MTN TO DISMISS - CIVIL 6/29/2009 1MTN TO DISMISS - CIVIL 6/24/2009 DF11SUMMONS/NTA RETURN SRVD:SRVD 6/5/09 6/17/2009DF11MOTION:DEF'S MOTION TO QUASH SERVICE (CLERK MAILED COPY TO PLTF'S ATTY) 5/22/2009 DF11SUMMONS/NTA ISSUED: 7/23/09 @ 10 AM 5/11/2009 5COMPLAINT: 5/11/2009 4MEMORANDUM TO CLERK 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $500.01 - $2500 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 6/26/2009 1MTN TO DISMISS - CIVILDEF'S MOTION TO DISMISS COMPLAINT (CLERK MAILED COPY TO PLTF'S ATTY) 6/24/2009DF11SUMMONS/NTA RETURN SRVD:SRVD 6/5/09 /17/2009DF11MOTION:DEF'S MOTION TO QUASH SERVICE (CLERK MAILED COPY TO PLTF'S ATTY) 5/22/2009DF11SUMMONS/NTA ISSUED:7/23/09 @ 9 AM 5/11/2009 4COMPLAINT: 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $500.01 - $2500 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 6/26/2009 1MTN TO DISMISS - CIVILDEF'S MOTION TO DISMISS COMPLAINT (CLERK MAILED COPY TO PLTF'S ATTY) 6/24/2009DF11SUMMONS/NTA RETURN SRVD:SRVD 6/5/09 6/17/2009 1MOTION:DEF'S MOTION TO QUASH SERVICE (CLERK MAILED COPY TO PLTF'S ATTY) 5/22/2009DF11SUMMONS/NTA ISSUED: 7/23/09 @ 9 AM 5/11/2009 4COMPLAINT: 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $2500.01-$5000 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 6/26/2009 1MTN TO DISMISS - CIVIL 6/23/2009 5MISCELLANEOUS DOCUMENT 6/23/2009 4REQUEST FOR PRODUCTION 6/23/2009 3REQUEST FOR ADMISSIONS 6/23/2009 2INTERROGATORIES 6/23/2009 1MEMORANDUM TO CLERK 6/17/2009 5REQUEST:DEF'S DISPUTE TO COMPLAINT 6/17/2009 4ANSWER AND AFFIRMATIVE DEFENSEDEF'S ANSWER TO COMPLAINT AND DEFENSES (F.I.O.C.) 6/17/2009 3MOTION:DEF'S MOTION TO REQUEST PRODUCTION OF DOCUMENTS (F.I.O.C.) W/ATTACHMENTS 6/17/2009 2REQUEST TO PRODUCEDEF'S COPY OF REQUEST TO PRODUCE TO PLTF (F.I.O.C.) 6/17/2009 1PRE TRIAL CONFERENCE ORDERDEF FILED ANSWER/AFFIRMATIVE DEFENSES (F.I.O.C.); DEF REQUESTED TRIAL BY JURY; PLTF OBJECTED; COURT WILL ALLOW TRIAL DATE TO BE SET BY MUTUAL CONSENT OF PARTIES; COURT WILL COORDINATE HEARINGS AS TO DEF'S MOTIONS 6/11/2009DF11SUMMONS/NTA RETURN SRVD:SRVD 5/20/09 5/11/2009DF16SUMMONS/NTA ISSUED: 5/11/2009 5COMPLAINT: 5/11/2009 4MEMORANDUM TO CLERK 5/11/2009 3FILING OPENED FOR SRS 5/11/2009PL12ASM:SC SUMMONS ISSUED 5/11/2009PL11ASM:SC FF $2500.01-$5000 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx