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Sued over a credit card dept from Capital One

Date: Wed, 09/01/2010 - 16:50

Submitted by thegrayzone
on Wed, 09/01/2010 - 16:50

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Total Replies: 2


Just received the summons am working on the Answer Contract but not sure what to write or what not to write. I have done tons of internet research and still have a few questions. Live in Ca and the SOL isn't up. We are already in a credit consolidation program with other debt and this was the one card we couldn't afford to add on. The plan was to pay off the current debt which will happen in the next 6 months and then tackle the one debt which is $10,000. In between all this my husband became ill with several health problems and can no longer work so his income got cut in half once his SDI started up. I would like to know when sending the answer contract back should I just ask them to verify the debt and say I would be willing to discuss a settlement once our current debt is payed off. Or should I send them a list of our expenses, income copies of pay stubs, bills, etc and the basic reason for why we defaulted in the first place along with the asnwer contract? I'm thinking thats too much info but I want the court and the debt collector to know the story. Is it really necessary when mailing back the answer contract to the court and the plaintiff that I have it certified and have a return request?

Thanks for listening.:confused:


File an answer. Try to find a generic answer to a California lawsuit - a form or something. Sometimes the court will have one. But sometimes you can just write a letter as your answer and file it with the court. You might not be able to deny the debt, but you can deny the amount. This will stall and give you more time.

You might want to contact Capital One's attorney and offer to settle if you can afford it. They will settle for less than amount owed and maybe will put you on a payment plan


lrhall41

Submitted by on Wed, 09/01/2010 - 19:28

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