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Help - what to do now!


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I am being taken to small claims by an attorney's office representing Capital One. I received an Original Notice (Action for Money Judgment) and I have filed my Deny answer to this notice.

I have been making $50 a month payments on a $1,400.00 bill up until I received this Notice for Small Claims Court. I have copies of the letters sent, the check numbers and the date the check cleared that I sent to Capital One. When I received a letter from this attorney's office I immediately sent a certified letter requesting debt validation. Three weeks later when I still had not received validation I sent another certified letter stating I had not received the validation and requesting they remove any collection listing from my credit report.

Now I'm being sued in small claims. Where do I go from here? I don't know what to do.

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They don't have to give you validation after 30 days from the first time they notified you about the collections.

How old is the debt? Did you have an agreement for the $50 per month in writing? Sounds like they want to force a quicker payment, or get the judgment on record before the SOL expires. Either way, the only way to prevent the judgment is to offer to settle now. I don't see any way around it but to cough up money fast.

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The debt is a current debt. I got behind last summer. I continued to make payments all along but they kept racking up late charges and over limit charges and would not accept anything less then the minimum payment which at one time reached approx $400.00. I sent them a letter every month with $50 stating I would be making these payments. They always accepted the payments and cashed the checks. Each letter I sent stated I would pay this debt, the starting balance of the debt, the check number and the new balance after the payment.

Capital One had a different "law" firm sending me threatening letters during this whole time period. I told them I would only deal directly with Capital One and they stopped harassing me and I continued sending the payments directly to Capital One. Then all of a sudden this new firm sent letters and, you know the rest of that story.

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