Jennie

Hunts & Henriques representing B o A

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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.

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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.  

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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.

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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.  

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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.

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