lukybug22799 Posted May 4, 2010 Report Share Posted May 4, 2010 I just received a complaint from Cap1 suing for a legit card. I don't agree with the amount at all, but that's not the issue. What I need to know is should I file an answer & counter or just settle? I really don't want to settle as I don't feel I owe all of the accrued interest, late fees, over limit fees etc. However, I don't know if I have a strong enough argument to counter.I can't tell you the last time I received a statement & they claim the last pmt they rec'd was 3/6/09. They've sent this acct to many CA's all of whom were jerks & violated numerous laws. Namely contacting 3rd parties about my debt. My biggest complaint & the one I think gives me an up is the fact that I hired an atty 5/14/09 to try & settle this debt. It is my understanding from the reading that I've done that once a creditor knows a debtor is being represented, all contact should go through the atty.Cap1 knew of the atty as they sent me a letter requesting my permission to speak w/ the atty. The atty & I called on a conf. call & I gave my permission. Cap1 NEVER contacted the atty again. In addition to this, their in house CA, MRS, knew of the atty as I gave them the # on 7/18 All contact from Cap1 and CA's came straight to me. Now the atty that is suing me on behalf of Cap1 calls me nonstop. I don't answer. I have nothing to say. Should I even talk to them now that a complaint has been filed.Lastly, I live in Ohio. Any suggestions would be appreciated. Thanks in advance. ~So Confused~ Link to comment Share on other sites More sharing options...
SeaStriper Posted May 4, 2010 Report Share Posted May 4, 2010 Read arbitration forum if you want to settle for alot less...IMO Link to comment Share on other sites More sharing options...
nrgins Posted May 4, 2010 Report Share Posted May 4, 2010 You should definitely file and answer and issue a general denial. Otherwise, they'll get a default judgment against you. You usually have a limited amount of time in which to do that.Once you file your answer, you should have time to get things sorted out and figure out how you want to proceed. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 4, 2010 Report Share Posted May 4, 2010 Talk to your lawyer. File an answer. Don't wait. CapOne is not subject to the FDCPA and just becuase you are repreented by a lawyer pre-suit doesn't mean they can't serve you. The culprit may be CapOne's lawyer, or the collection agency you talked to. You may want to construct a time line showing all the communications you received on this debt and what actions y ou took. Link to comment Share on other sites More sharing options...
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