WhoCares1000 776 Posted January 15 Report Share Posted January 15 I the other thread, I posted a link for the answer form. Use that for your answer. Arbitration will not work for you because Capitol One removed them from their agreements years ago. When you file your answer 1, 3, 5, 7, and 8 you agree with and 10 is what you deny. There are many California threads on this site that can help you from there with the rules and what do do during discovery. As for the letter, that does not look like an agreement to me unless they are asking for an amount that is less than the amount on the court papers. If so, and you are willing to settle for that, get the bank check, make a copy of the agreement, staple the receipt of the bank check to your copy of the agreement, and send the other copy and the check to H&H Certified Mail Return Receipt Requested Green Card style. Still file your answer however so that H&H cannot get a default judgement. Also, I am sure the courts in Sacramento are back up at least a year or 2 so you have time if this agreement does not work. Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 15 Report Share Posted January 15 @WhoCares1000 it’s for the full amount I owe on the account. Should it say something different? I’m paying in full. Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 15 Report Share Posted January 15 @WhoCares1000 on the letter it states to pay the amount shown and they will submit an acknowledgment of satisfaction of judgment. Isn’t that all I need to do is pay in full and they dismiss as such? Quote Link to post Share on other sites
BV80 2,819 Posted January 15 Report Share Posted January 15 48 minutes ago, WhoCares1000 said: As for the letter, that does not look like an agreement to me unless they are asking for an amount that is less than the amount on the court papers. They will dismiss the lawsuit if the balance is paid before a judgment is rendered. Even though it’s for the full balance, how is it not an agreement? They are under no obligation to accept less. Quote Link to post Share on other sites
admin 899 Posted January 15 Report Share Posted January 15 I think the letter looks fine. It would be nice if they would agree to remove the collection, but at this point, I think you're winning. Quote Link to post Share on other sites
BV80 2,819 Posted January 15 Report Share Posted January 15 3 minutes ago, Ddjcplus4 said: @WhoCares1000 on the letter it states to pay the amount shown and they will submit an acknowledgment of satisfaction of judgment. Isn’t that all I need to do is pay in full and they dismiss as such? The letter states they would only submit a satisfaction of judgment if judgment has been entered before payment is received. If a judgment has not been entered, they will dismiss the lawsuit. Quote Link to post Share on other sites
Clydesmom 1,222 Posted January 16 Report Share Posted January 16 6 hours ago, admin said: It would be nice if they would agree to remove the collection Chances of Cap1 removing a trade line are slim to NONE. H&H isn't reporting but the OC is. Cap1 has one of the most hard line stance against removing accurate information. Quote Link to post Share on other sites
WhoCares1000 776 Posted January 16 Report Share Posted January 16 In that case, the letter is fine. Simply make the payment via bank check and keep the agreement and receipt. I would send in the payment ASAP however and if the time for filing an answer is coming up, I would file an answer anyways and in the box for affirmative defenses, put in "Accord and Satisfaction". This way, you have covered all bases. Quote Link to post Share on other sites
WhoCares1000 776 Posted January 16 Report Share Posted January 16 But yes, if you pay in full, they should dismiss. Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 19 Report Share Posted January 19 @admin I posted the summons right here on this page. Thanks for your help Quote Link to post Share on other sites
