How do you know the debt and collector are legitimate?

Hi Debbies
Have you settled the debt for $300 with the creditor and if you have done so, do you have the settlement agreement in writing from the creditor?
Now, if the creditor has send you a summon, first file an answer to the summon, else the creditor can bring a default judgment against you and recover the debt again. You need to file an answer to the summon within the date mentioned on the summon.

To check whether the creditor legally owns your debt or not, you need to send a debt validation letter by certified mail. If the creditor properly validates your debt, then they own it, else not.

I have sent two requests to the debt collector to validate the debt. I checked my credit report, and I did have an account with Capital One and there is an unpaid balance. What happens if they don't respond to the debt validation before the Mediation date? I know I have to appears as I have been summoned. Should I try to settle with this debt collector first? I am just concerned that they do not really represent Capital One. When I call Capital One, they do refer me to this debt collector.

Also, on your credit report does the amount it says you owe match what this collector is saying you owe? Also when was the last time you paid anything on it as in Florida, an open ended account (which is what a credit card is) SOL is 4 years, so if it has been more then 4 years since you made a payment the account is past SOL. If this is the case, you need to dig up your last payment so you can show it at court.

If you don't have a copy of the last payment, or it is not out of SOL, you want to demand all the validating documentation during discovery, such as the last statement (proof of last payment if they try to contend it is still within statute, and a signed contract allowing for any interest or other fees) plus proof they are either the owner of the debt or are collecting upon it legally. They can't ignore it them otherwise you can dismiss for lack of evidence. Also, I suggest you countersue because this is considered a continued collection activity and they have not properly validated.

Don't just fold, make them prove everything they are saying! At most if they can fully validate the judge will take your situation into consideration and make a payment arrangement that works for you and not for the debt collector.