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Hi. I had been out of the country for about a year now and when I came back I checked my deliquent account on my Capital One and found out it has been charged off and Hunts & Henriques was listed. I remember receiving a letter from them last mid August but decided to toss it away. I know I regret it now. So after finding out their informtion on my capital one account, I decided to call them. I asked for Debt Validation and they sent me few days after a copy of a year worth of statement. The letter on the front just says this is the account statement I’ve requested and the bottom it says, this firm is a debt collector. My question is what do I do next? Do I need to send them again or call them to negotiate? But the problem is I’ve yet to find a job but willing  to pay monthly. Thanks for all your help.

Edited by Sinaayrha909
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What they sent you is far beyond what they are required to provide in the way of validation. Asking for something else would be a waste of time because they aren't required to provide it.

Contacting them to negotiate a monthly payment plan is your best chance at avoiding a lawsuit against you, but with no job what's your strategy for being able to make the payments for whatever plan you agree to? I personally would not reach out to them until I had a job and was back on my feet financially.

When was your last payment on this account? The problem is that once you enter into a payment arrangement and or make any kind of payment towards the debt, there's a good chance that you reset the statute of limitations and they will have a much longer time to be able to sue you. If you're nearing the expiration for the statute of limitation, I would probably just lay low and see if they end up suing.

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Thank you so much for the quick response. This thing has been stressing me out and I can barely sleep. To answer your question, the last time I paid this account was July 2017 and my debt’s $3500. I’m in california by the way. If they decide to sue me, what kind of letter should I be waiting for? Thanks.

36 minutes ago, Harry Seaward said:

What they sent you is far beyond what they are required to provide in the way of validation. Asking for something else would be a waste of time because they aren't required to provide it.

Contacting them to negotiate a monthly payment plan is your best chance at avoiding a lawsuit against you, but with no job what's your strategy for being able to make the payments for whatever plan you agree to? I personally would not reach out to them until I had a job and was back on my feet financially.

When was your last payment on this account? The problem is that once you enter into a payment arrangement and or make any kind of payment towards the debt, there's a good chance that you reset the statute of limitations and they will have a much longer time to be able to sue you. If you're nearing the expiration for the statute of limitation, I would probably just lay low and see if they end up suing.

 

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5 minutes ago, Sinaayrha909 said:

This thing has been stressing me out and I can barely sleep.

 

5 minutes ago, Sinaayrha909 said:

I’m in california by the way.

Harsh answer is that you probably already know. 

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8 minutes ago, Goody_Ouchless said:

 

Harsh answer is that you probably already know. 

I’m sorry but I’m new to this but what do you mean exactly? I get conflicting response everywhere. Like reading on some forums with same situation someone says I need to send second letter or to deny it. I dont really know. Thanks

Edited by Sinaayrha909
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8 hours ago, Sinaayrha909 said:

Like reading on some forums with same situation someone says I need to send second letter or to deny it

You do NOT need to send a second letter.  There is no point they have met and exceeded what is required for validation.

This is what you need to know:  

Capital One is VERY aggressive and they will sue you eventually.  Especially that law firm.

By being out of the country for a year you tolled (stopped) the SOL and extended it but with a default date of a year ago it isn't a big problem because they have plenty of time to sue even under California law.

10 hours ago, Sinaayrha909 said:

My question is what do I do next?

Find a job.  The courts are so backed up and slow in California that even if they served you this month you won't go to trial for more than a year and that gives you plenty of time to get employed and settle before they get a judgment.  Right now I would concentrate on getting employed and saving up some money to offer a lump sum settlement.  

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In California, for lawsuits under a certain amount, which yours is. Law firms typically send an intent to sue letter. They do this for a couple reasons. Code requires it so they can recover court costs if/when they get judgment and it also tends to get people to call because heydont want to be sued. Not saying they will send, but typically will get that 

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13 hours ago, Debtguy393939 said:

 

On 9/9/2018 at 7:28 AM, Clydesmom said:

You do NOT need to send a second letter.  There is no point they have met and exceeded what is required for validation.

This is what you need to know:  

Capital One is VERY aggressive and they will sue you eventually.  Especially that law firm.

By being out of the country for a year you tolled (stopped) the SOL and extended it but with a default date of a year ago it isn't a big problem because they have plenty of time to sue even under California law.

Find a job.  The courts are so backed up and slow in California that even if they served you this month you won't go to trial for more than a year and that gives you plenty of time to get employed and settle before they get a judgment.  Right now I would concentrate on getting employed and saving up some money to offer a lump sum settlement.  

 I really appreciate your help. I called and they asked my financial situation and told them my situation. They were willing to let me pay $100 a month for 2 years. It wasnt as hard as  I thought it would be. She said they are directly working with CO and since I called before it was too late. I asked her to send me the documents first before setting up the payment. I was going to ask for lump sum but I dont have the money and asking money from family is not an option. I think $2k is not bad for 2 years. Thanks so much. 

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