irismagnolia

How Should I Proceed?

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I live in GA and on May 6, I received a summons that I was being sued by Capital One Bank (listed as plantiff on summons) for unpaid credit card debt that I found out after pulling my credit reports from all three bureaus was already charged off last year. The debt was around 2 years old. No court date was listed on the summons.

I had 30 days to respond and made contact with a Consumer Protection Attorney who hasn't been very helpful or responsive so I found what information I could on the internet and mailed by certified return receipt mail my response, a request for production of documents, and request for admissions to the law firm representing Capital One and the State County Clerk's office.

Two weeks ago, the law firm mailed me their response which included a letter indicating that my account was charged off in July of last year and that interest has continued to accrue, copies of statements that were mailed to me, and an invitation to contact the office to discuss settlement. They also said in the letter that according to Chaudry v. Gallerizzo, the debt collector isn't required to keep detailed files of the original debt, thus them only sending me copies of statements.

My question is on how I should approach negotiating settlement? I am willing to pay what I originally owed, which was $953.00 but they are saying with late charges and interest I owe at least $2133. I have been unemployed since last September and with unemployment due to run out in a couple of months, I don't have $2133 lying around.

Also, if I decide to try to negotiate settlement, should I contact them by certified letter in writing, of course offering a lower amount than the $953 (maybe half) as a start? Or, because they didn't send me any original documents with my signature, should I wait for my day in court (which I haven't been given as of yet)? If I decide to wait for my day in court, are there any other documents that I should send the lawyer and the court between now and then?

Thanks in advance!

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I answered the summons in my Answer document that I sent to the County Clerk's office along with copies of the Request for Admissions and Request for Production of Documents that I sent to the Law Firm as well.

Do I need to call the County Clerk's office in GA and see if a date has been set? I thought that I would be notified by mail.

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Do I need to call the County Clerk's office in GA and see if a date has been set? I thought that I would be notified by mail.

Never trust that you will be notified by someone else. It's nice when it happens, but don't ever expect it.

With respect to the interest and fees, have you requested through discovery a breakdown of the principal, interest and fees which comprise the amount you are being sued for?

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Thanks!

I asked them for the information on how they calculated the debt in my request for production of documents and their response was for me to see the monthly statements they included in their response, the final one which is for a lesser amount than what I'm being sued for and doesn't include any information on how the remaining fees and interest are calculated that they are now asking me for.

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