Summons by Cap One

[Vicki]

Rec'd summons from cap one for my husband and me. His account. I only have a few days left to file answer. Sorry if I make mistakes or break protocol on this forum. First time for me.

OC is Cap One, complaint says the debt is for $1684.26. The charge off amount was $1234. Also says Defendants refuse to pay said bal and Defendants did for the valuable consideration enter into contract with Plaintiff.

My answer will state two disputes. First, plaintiff never provided said contract after numerous requests. Second, never have refused to pay this debt. Previous CA sent us a settlement offer, which we accepted and requested three payments to pay off. Never rec'd communication back from CA. (documentation of this will be attached). Now offering a 50% settlement of charged off bal payable in three installments.

Is this the right thing to do?

[Vicki]

Prepared our answer and mailed copy to court and plaintiff's attorney. A pre-trial conference was set for 6/8. My husband and I showed up 15 min early and waited for the mediator and observer to show. The attorney for the OC was already there. Once inside, mediator explained why we were there, to show discovery and/or reach a possible settlement. Plaintiff attorney spoke first and said he was there to try to reach a settlement with us. Mediator wanted to know who he was, cause we were expecting a female lawyer. Attorney said he was hired online by the law firm representing OC. Mediator needed to make sure this was OK per court procedures. Mediator left room and the attorney tried to talk us into a settlement. Observer said no way, wait until judge returns. Mediator came back and said that attorney couldn't represent OC and that she considered the OC and their attorney a no show for the pre-trial conference. She also said that we could file a dismissal. I am doing that today. I believe the SOL is already up or will be up shortly.

Even though I didn't get any response from this thread, I have read many other's that were similiar situations and found a lot of info. It's very important to show up for court proceedings even if you don't think you have the right to dispute or have any evidence. As I have read in other threads, not showing up at all is an automatic default.

I want to thank all who post on this forum that your info is invaluable and helps many people. Will keep you posted on the outcome of my case.

[fatherof3]

Thanks for the update. Glad to hear there are some courts out there that look out for the regular people.

I had a judgement against me that I did not know about. I guess they go to court with a bunch at a time and they get rubber stamped for a one time fee. It was a Providian account. When I tried to settle they had supposelly sold it to Emerge. Come to find out they are the same people.

I disputed the amount they got for a judgement. When their lawyer could not get any response from them they settled for what I said I owed, about 10% of a $20,000 account. $20,000 only because they added a bunch of trumped up charges.

If I had know about this site 3 years ago I probably could have had the judgement vacated because I was never notified.

Good Luck!

[Macwench]

Congrats Vicki. You are absolutely right on the showing up. While the OC may refile, their oversight in attorneys may put you into the SOL - which would be great!

Thanks for posting your results even though you didn't get any replies to your original post!

[ICDeadPeople]

I just came from my court management case with Capital One today. The local atty they hired didn't even want to be bothered with talking to me. The judge sent me to the self help center to prepare the paperwork for dismissal. There is another hearing set for next week where they are asking for judgement, I'll be there pleading my case.