Mapleman

Being sued by Capital One/Patenaude & Felix

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Hi everyone, this is my first post please bare with me. I'll try and include all the information I can.

I'm in the state of California being sued by "Capital One" with them using Patenaude & Felix as their law firm. The balance they are suing me for is $3100. Long story short I lost my job, and couldn't keep up with the payments. I signed up for the credit card online sometime in 2015,and my last payment was in 2017, I was too far behind, and the minimum payment was beyond what I could afford with interest. A short time after, I lost my house in the Camp Fire, and moved 8 hours away. One day I received my summons. I responded to the summons with a general denial and have asked for debt validation in which I haven't received. After filing my answer with affirmative defenses to the court, I heard nothing for about 4 months. I then got a notice for a case management conference. Shortly after I received a settlement offer from Patenaude for 65% of the debt which ended up being a little over $2000, however it has to be paid in 10 days from now to stand.  I  Showed up yesterday to court for my case management conference and let the judge know that I haven't received debt validation. The attorney was on the phone with court call, and said he has tried to contact me on the phone with no answer, and sent a settlement offer with no response but wanted to proceed to trial. I then Agreed to trial because i'm supporting my wife and kids as we just had a baby and she has no job. Is it better to settle, or just see what happens in trial? I already am having my wages garnished for child support,along with being head of the household momentarily. One of my friends that practices law told me that if I spent the money, settling for a less amount IS winning. 

 

I'm curious to know, Do these guys really go out of their way for 3k? I know they will tack on attorney fees etc adding well over 3k, so if this is the case settlement may be in my best interest. 

 

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1 hour ago, Mapleman said:

I responded to the summons with a general denial and have asked for debt validation in which I haven't received.

The problem is debt validation is no longer an option once you have been sued.  Even under California law they were free to ignore it.

1 hour ago, Mapleman said:

Is it better to settle, or just see what happens in trial? I already am having my wages garnished for child support,along with being head of the household momentarily.

In this situation settling for less is a better option.  Years of post judgment interest could balloon that judgment to $10k fast and then if they garnish you would be paying for years to come.  

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