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Pre trial mediation tomorrow with capital one


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well, i contacted the CA to try and settle before pre trial tomorrow and they would only reduce to $1600 from $2000. They told me that Capital One will not accept anything lower. My total amount due with interest and fees is $3200, but the total i am being summoned for is only $2000. Which amount am i being sued for? The amount on my court summons or the amount that shows up on my credit report? The CA also told me that at pre trial i will only be offered what i am being sued for to settle debt and nothing less. Is this true or will they offer me a lower amount? I am willing to do a lump sum of $1000. Is that possible? What kind of paperwork should i bring to pre trial mediation tomorrow?

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well, i contacted the CA to try and settle before pre trial tomorrow and they would only reduce to $1600 from $2000. They told me that Capital One will not accept anything lower.

If they feel secure in their suit, probably not. But you haven't told us what's in the complaint and how you answered it.

My total amount due with interest and fees is $3200, but the total i am being summoned for is only $2000. Which amount am i being sued for? The amount on my court summons or the amount that shows up on my credit report?

Your credit report is meaningless. They are suing you for the amount listed in the complaint.

The CA also told me that at pre trial i will only be offered what i am being sued for to settle debt and nothing less. Is this true or will they offer me a lower amount? I am willing to do a lump sum of $1000. Is that possible? What kind of paperwork should i bring to pre trial mediation tomorrow?

Don't believe anything they say. I would be more concerned about how you answered the complaint. I hope you did that. If not, I would bring your answer to court.

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they attached an old statement to the pre trial/mediation summons to validate the debt. i've already checked and they are within SOL. i thought pre trial was only for mediation. How do i answer the complaint?

Compaint:

Count I-Breach

1-Action is less than $5K

2-Plaintiff and def. entered into a CC agreement (attached)

3-Plaintiff performed T&Cs

4-Def. did not perform T&Cs

5-Def. breach is material breach going to the essence of the agreement in that def. did not make payments as agreed

6-Plaintiff has been damaged $1990 plus 28% int from 4/2011 plus $300 atty fee

7-Pursuant to "default" clause def. will pay atty fee

CountII Account Stated

1-Action less than $5K

2-Plaintiff and Def had "business transactions" between them wherein plaintiff extended credit to def. in form of a revolving account

3-Plaintiff rendered statements to def. and def. did not dispute them in a timely manner

4-Plaintiff demands $1990 plus 28% int. from 04/2011

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I would just make a general denial pending discovery. The bit about 28% interest sounds fishy, I think all they can get is the statutory interest after the account goes into default, which would probably be in the range of 10%. SOL for this case is 5 years. (yours) One old statement isn't much proof.

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