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DeadEndRob

Capital One Summons in AR

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Greetings,

 

Obviously I am new to the site and seeking a little bit of direction. 3 weeks ago my girlfriend, whom I live with, received a summons from someone stating that I was being sued by Capital One (the Plaintiff). The debt is true ($1,300) and they have included a copy of my last statement as evidence of the debt I suppose. I have been researching on how to proceed since this is my first incident like this. Most of what I have seen has said that it makes no sense to not do anything, since I will automatically be forced to pay the debt plus incurred fees and interest, as well as be vulnerable to wage garnishment et al. What I'm looking for is what to do next. Do I bother contacting a lawyer? Do I enter a judgement on my own? Should I try to negotiate with Capital One outside of court (I feel like this will make me look weak and they will pursue all charges)?

 

Thank you in advance for any help here.

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@DeadEndRob

 

It's not impossible to win a lawsuit brought by an original creditor, but it's more difficult because they usually have the necessary documentation to prove their claims.  Do you have any legitimate defense such a the statute of limitations?

 

You could respond to the lawsuit, and assuming that your court rules allow, request discovery.  Perhaps the credit card statements would show an error that would benefit you.  

 

But if you don't believe there's an error, and if you have wages that can be garnished or property upon which they can place a judgment lien, you might want to contact the attorney and try to settle. 

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Honestly nothing comes to my mind in terms of a legitimate defense, and I do have wages that could be garnished. Do I need to reply to the attorney directly?

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@DeadEndRob

 

You could go ahead and contact the attorney, and he may agree to settle and dismiss the lawsuit.  OR, he could want you to sign a stipulated judgment.  That means you would agree to make payments, but if you miss a payment, they could get an automatic judgment against you.

 

Is there any way you could pay the debt in one lump sum?  That way, this would done and over.

 

@Trapezius is a member from AR.   He would have a better idea of how things work in AR.

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