CA trying to collect for a debt with Capital One

What state are you in? I'm not sure about your car, but I think that certain things cannot be taken, things that account for your livelihood. But I'm not sure on that.

So was this passed on within the same company or to a different company?

Did you ever ask for validation of the debt from them? That is your right.

If you already did and just want to keep paying them, then stop paying them through your account, because many times they will go in and take whatever they want out. Send a letter stating you can only afford to pay $50.00 a month and include a money order with the $50 payment. Also include in the letter that you do not want any calls to your house, that they are only to contact you through the mail. Make sure to send this letter certified mail and return receipt. Then just send in your payment money order each month.

This stops them from harassing you over the phone. PLus, if they ever did try to sue you, you have the letter and you have the fact you are making payments you can afford. You show the judge you are making every effort to honor this obligation, but that the CA is being unreasonable....the judge would only order payments, and they would be around the same amount that you were already paying!

i live in alabama but soon will be moving to texas. i have not requested the letter. i will do that. i may not be able to find the address or the information. i will look for it.

i just want this to stop. i thought this was behind me.

Welcome to the Community Judy :D If I am not mistaken, they have to get a judgement before they can do anything.
All collection companies will say they want the full amount, and won't accept anything lower!

I just wrote a letter like Goldenblast said, told them I would pay xx dollars a month, and sent my money order in- they haven't refused a payment yet.

They are right in the fact they will continue to try to collect. They will do this until it is paid off.

Good Luck- feel free to ask questions..Karen

iif i can not pay 50 can i pay less? as long as i am paying them somehthing is that ok?

I'm not sure Judy- how much do you owe them?

Sometimes it goes by, if you owe a large amount, as to what they will accept. KAren

it is a total of around 8000.00. i will send what i can each month but as long as i make an effort if aould fell bettter. these are over 2 years old when i got contacted. they were with a debt degnegoation company that i found out went out of business when i was contacted about he account after over 2 years.

I would send what you can each month to show you are trying.

If worse comes to worse- the judge will see that you are trying- and he will set up payments. There are also hardship programs in some cases if you go to court, and they will take into account your financial status!!

Try not to worry- easier said than done- and have a good day!!..KAren

you have a good day as well. any help that you can give me will be appreciated.

Feel free to ask question, we are here to help!..Karen

Yeah, Bossy is right. I looked up Alabama, no specific debt collection laws, but they can only garnish 25% of your wages and that still requires a judgement, which you likely wouldn't get if you show the judge you are making every effort to pay. Make payments that won't break you. If you do this honestly, then when a judge looks over your finances and ses you were already making payments you could afford, some judges get annoyed with the plaintiff over that sort of thing....had a sort of similar experience for an unreleated thing..I was doing what I could, plaintiff decided I wasn't...when judge saw this, he reamed the plaintiff and ruled in my favor. :D

When you get to Texas you will enjoy having much more power over debts and collectors....things will change, but I think you have to live in Texas for at least a year.

They can still get a judgement even if you are paying them. Collection agiences do not have to accept a payment plan. They could highly likely still be granted a judgement but the repayment plan that is assigned by the judge is somehting that have to accept.

I wouldn't stop sending in anything. In fact when you have a history of making payments then you stop it sometimes can be viewed as a refusal and that will make them want to take action that much sooner.

Send what you can with a note saying you will make another payment in x amount of days/weeks.

That is pretty much what I was saying....they don't have to accept it, but if they did sue, most judges would look at the fact she was making payments. The only way a CA could get a nasty judgement against her is if she never showed up in court.

goldenblast is right. Once you are a resident of Texas, they are limited in what they can do, even if they move a judgment to there. Once a resident there, they can't take your car or house (unless that's what the debt is about), can't garnish wages, there's a long list of exemptions from judgment there.

Texas is one of the best stated to live in if you have debt. It is a debtors paradise.

Moving is costly and it takes a considerable amount of time from your life. Why are you moving? New job?